MOTU RIVER MURDER.

New Zealand Herald, Volume LVIII, Issue 17966, 16 December 1921, Page 9

MOTU RIVER MURDER.

THE DEATH OF ZAMBUCKA.

CASE AGAINST ACCUSED.

EVIDENCE FOR PROSECUTION

[by tbleobaph.—own correspondent.] OPOTIKI, Thursday. The Court was crowded when the preliminary tria] of Rutene and Peeti Topi for the alleeed murder of Paul Zambucka at the Motu River on or about November 4 opened this morning, Mr. W. G. K. Kenrick, S.M., presiding. Mr. Nolan (Crown Prosecutor) represented the police and Mr. Beaufoy appeared for the accused.

Before ten o'clock the limited accommodation of the building was occupied, principally with natives.

The prisoners, who are good-looking young natives, entered the Court quietly. They looked serious, but displayed little signs of nervousness. They took scats durinc the proceedings. Mr. Nolan outlined the caso for the prosecution, and detailed the movements of the deceased prior to the date of his death. He said evidence would be brought to show that the movements of all the natives of Maraenui Pa would be accounted for satisfactorily except those of the brothers Robert Leslie Kaye, civil engineer, said he made a survey and prepared a plan of the district near Maraenui and the mouth of the Motu River.

Cross-examined he eaid careful observations had been made of the patches of scrub in the vicinity. There was a patch of scrub between Brown's house and the road, but he had no idea of the number of patches of scrub in tho locality. Frederick Louis Armitage, Government bacteriologist, Auckland, stated that in November last ho received from the police a tin matchbox, a pair of riding trousers, and a pair of dungaree trousers for examination. He found evidence of human, blood on tho matchbox and riding trousers but not on the dungarees. The latter appeared to have been washed. Cross-examined he said he was positive the stabs were human blood stains. The age of blood stains up to a certain point made no material difference to an examination. He could not say whether the stains were recent or old. Sidney J. Teasdale, gunmaker, of Rotorua, cave lengthy evidence regarding his examination of double-barrelled and single-barrelled breachloader guns. Old muzzle-loader pellets handed nira by the police were identical with Remington No. 5 shot taken from a cartridge handed him hy the police. Discovery of the Body. Koopu Rruiti, farmer, of Maraenui, said ho remembered the deceased arriving at Maraenui Pa on November 2. He stayed at Sam Topi's place until November 4. The accused lived in tho same house. While at Maraenui the deceased was engaged in selling goods. On November 8, consequent upon the deceased's horsis being found, a search was made for the deceased without success, though the ! lacks from the horses were found. The ollowing day, while searching with other natives at the mouth of the Motu River, on the side opposite Maraenui, he found the deceased's body, lying face- downwards, hidden in manuka, and covered with drift wood. Blood marks weie show, ing in the track toward Omaio. He purchased goods from Zambucka, and paid him in notes and silver. Nitentaia Koraurau, farm hand, deposed to seeing the deceased after dinner on November 4. The deceased came to the whare at which they were chaffcuttina;, and stayed about a quarter of an hour. Both the accused were about during the day, but neither of the accused earned a guTU

Native Woman's Statement.

Wehe Paraone stated that she was preparing tea on November 4. Hearing a horse galloping she looked, and saw Peeti Topi riding past in the direction of the pa. He was carrying a gun in his right hand. He was dressed in dark clothing. On the morning prior to the accused's arrest she saw Rutifee Topi going toward Maraenui Pa. When Rupene say her he called out: "Wehe, is that true that you have been saying you saw Peeti with a gun?" "I was so frightened," said witness, "and replied 'its a lie,' and waltzed away. He said: 'Yes, ( keep saying it's a lie and stick to it.' " Tanitui Nahiri, a small lad accompanying the previous witness, corroborated her evidence, adding that Rutene told him not to tell anyone that he had been near the maize cribs. Then the accused went off in the direction of Saxby's station.

Evidence ol Other Maoris. Wharemoana Hirimata, farmer, of Maraenui, said he saw Peeti Topi shortly after five o'clock November 4, when taking bullocks to a paddock. Peeti was riding and carrying a gun. He felt pretty eertuin it was a Bingle-barrel gun. He said he had come from tho Motu River and had been getting timber for a rollor. Upon leaving, he went in the. direction of Maraenui. He was wearing dungaree pants and a dark shirt. Naiti Haenga deposed that she knew Paul Zambucka and had occasion to pass Topi's house on November 4 about lunchtime. Deceased was there with Sam Topi and the accused. While she was getting water from a spring in the evening she saw Peeti passing. He was ridinga roan horse and carrying a gun. The spring was some distance from the road, but' sne was certain it was Peeti. Tu Gage testified that he was one'of the search party, and found Zambucka's saddle buck and two pack horses. He went back to the pa for help, returning with others. Rutene in a joking manner asked where he had planted the missing packs. The body was found the next day. The "case has not concluded.