MAORI WOMAN'S CRIME.

New Zealand Herald, Volume XLIV, Issue 13602, 22 November 1907, Page 7

MAORI WOMAN'S CRIME.

MANSLAUGHTER OF HER HUSBAND. ■**" _____ SIX MONTHS' IMPRISON p fTl Watknk, a Maori woman, 47 years f age, was tried at the ( Auckland Supreme Court, before Mr. Justice DcnuisMi yesterday afternoon, upon a charge f murdering her husband, Wateno ReLn»- at Maropiu, near Dargaville, on October 27 last. The Hon. J. A. role* K- C " Crown solicitor, appeared for . the prosecution, and Mr. Thomas Cotter 'or the prisoner, who pleaded not guilty. " Mr. Tole, in opening, stated that the facts of the case were admitted. The vi * soner, together with the deceased,, and a number of other natives, attended a birthday party at Mr. Snowden's premises, at Marepin, on October 26 last. Included in the festivities was a dance in a neighbouring hall i" the evening. The prisoner wanted to go, but her husband objected, and high words ensued. The , ,' prisoner, notwithstanding what her husband bad said, carried out. her intention, ' »nd left her husband at Snowden's. She returned, together with a number of other natives, at about midnight, and feeling " hungry, the natives started to prepare a meal.* The deceased went away to get >" some kumaras, and returned (shortly afterwards with accused, with his face bleed- : ing. The prisoner was accused of stabbing her husband with a knife, but she denied this, and said she had struck him with a bridge, which she was carrying. Deceased confirmed this statement, ■ : md died on the 28th. A post-mortem examination revealed two small punctures V; '•behind the ear, penetrating to the brain, and there was little doubt that they were caused by the blow from the bridle. It was clear that the woman caused the . death of her husband.

THE EVIDENCE. Taia Netana, a gumdigger, residing in tha Dargaville district, stated that the prisoner went to the dance, and returned ■at about midnight to Snowdens along with the other natives. They remained in the kitchen for about an hour, after which they determined to have some food. Witness wife and the deceased proceeded .. to cook some. They were preparing the victuals outside the house, when deceased said he would go away and get some •i kumaras, which he did. He had. not been "away for more than 10 or 15 minutes, when he returned, and said, "I have - been hurt by my wife." Mr. Tola: Did you see his face? Witness: When lie came close to me I saw the blood running from behind the Meft'ear. ' What happened then?— His wife was immediately behind him. I said to her, "I will send for a policeman, and have " you arrested for stabbing your h.uskaiid; : '. . The woman said she had "no knife; that 1 she hit him with a bridle. Had she any bridle in her hand?— Yes, she had, and she held it up. What : d deceased say?—He said the . / statement she made was quite truethat she lls'i hit With a bridle. In reply to .further questions, witness stated that they washed deceaseds head, and then continued the cooking operations. Wheu these had been completed, they all went inside, find sat down to the meal. 'Hie deceased, however, was only : able . to take very little, and stating that lie felt very hot, he got up to go outside. : In going out of the door, he fell down, »nd they assisted him out, leaving him ia the cool.air. He then lost conscious* -~,- ness. They took him inside again, aud tent for a doctor. Deceased never recovered, and, died at'about, four o'clock oil" - the, morning of the 28th. Hana Netana, wife of the last witness, stated that before deceased went away to get the kumitras, his wife went out ■with a bridle in her hand,, with the inI tention of catching a horse. i Dr. Cuthbert. of Dargaville, gave evij ' dence as to visiting deceased on Sunday, , October 27. He was alive, but uncon- | , Sciotls. On making an examination, witness found two small Avounds behind the left : car, and the hair was clotted with Wood. The wounds were about 3iti apart. i Watene .could not be roused, and died on the following, day. Witness conducted a pOit-mortem examination. On open- ' ing the skull lie found' that one of ■ the punctures had penetrated right through into the brain, and had burst. blood vessel. 'All tin; other organs . of the body were healthy. Death was dueto compression of the brain. "Had the blow been 'delivered on any other part of. the body would it have been likely to ; cause serious injury— *it , would not. The skull where the blow was \ inflicted is very thin. Constable Thompson, of Dargaville, deposed to resting accused on the 28th. On the following day the prisoner informed - him that on the night in question she had gone to catch her horse, and her husband was close behind her. She did not find the horse, and returned to the shed, where she. saw her husband.- The latter called . her a mad wife, and other bad names. This, "'..;, the Accused said, made her angry, and she , hit at him with the bridle. She declared, however, that she did not mean to hint him. They bad often hit one another liefore, but without being seriously injured. . She vouched that she could show him nu- , merous black marks on her body, the result of thrashings which she had received from her husband. ' ' . ' Cross-examined by Mr. Cotter, the constable stated that he had known the prisoner for five years, during which time fie had borne an excellent character. She , *lways took liquor when she could get it, i "it that was a common failing among she i -Maoris. This closed the case for the prosecution. PLEA FOR LENIENCY. Mr.: Cotter asked His Honor if on the • evidence given the charge could be reduced to one of manslaughter. If this * ere done lie would not" call any evidence, but if on the other hand the charge ■ w as not reduced he would put the prisoner m the box.

■ His Honor, in reply, said he intended >> to tell the jury that to find a verdict of guilty, they must be satisfied that the ~ woman intended to kill, or that if she meant to cause bodily injury she knew . mat such injury would be likely to cause "Path, and was reckless, whether death V«isued or not. It was a matter for the 'jury to determine. , ; -Mr. Cotter then consulted his client, a nd stated that he would not call her, as • sue ■could not say anything further than what had already been stated bv the constable. His Honor: Do you contend that she is not guilty of manslaughter? 1 . Mr. Cotter: No. '. His Honor then addressed the jury. the foreman consulted his fellow jury- ,. men, and stated that they were of opinion /hat it was not a case of murder, but one :; of manslaughter. The. jury then retired, and 12 minutes «ter formally brought in a verdict of guilty 01 manslaughter, with a strong recommendation for mercy. Mr. Cotter proceeded to urge leniency, .••Pointing out that the prisoner had been ' drinking. , His Honor said ho was satisfied that there ■ was liquor in the case, and he would look ; upon the offence as one committed under • S influence of' liquor, with no intent to

kM k Cotter also drew attention to the : ■*et that the blow was ' ruck on the spur « the moment and in the dark, that the ■prisoner was not a white woman, and that sue was of good character, in **'* Honor imposed a sentence of six ■'° nt imprisonment, and stated that iu > " 01n g.so he gave full effect to the jury's . ':-,■■ Mr. Cotter asked that the prisoner should 1 l ii ea^ a «■> a first-class misdemeanant. •■■ ""■:„, Honor: said he rather regretted hay- '■: M granted such an indulgence the previous ,-, ' 1 .-. hut in doing' so only acted on the spur '•' the moment. In t-lie present case the ; ■ \-} Kj, wj of hard labour must follow. iiifflraßMSl^^S:VM.'!'iv>';''.,;■',:;■:'.', ri:.:r-;.,:.■,:■.; '■■■■■■.