CHARGE OF MURDER.

New Zealand Herald, Volume LXIV, Issue 19779, 28 October 1927, Page 14

CHARGE OF MURDER.

S&UMATIAN STANDS TRIAL. MAORI GIRL'S EVIDENCE, ALLEGED DEATH OF INFANT. CASE FROM NORTH AUCKLAND. Th© trial of Paul Lendich, aged 39, a Dalmatian gumdigger, on a charge of murder, was commenced in the Supreme Court yesterday, before Mr. Justice Herdman. Mr. Paterson conducted the prosecution, the accused being defended by Mr. Finlav and Mr. Reynolds. The charge related to the alleged disappearance, on August 23, of the newly-born infant of a Maori girl, Rosie Te Whiu, with whom accused had been living. The girl was the principal witness, and her evidence, given tediously through an interpreter, occupied the whole of the day. Tho case will be resumed this morning. Mr. Paterson said the charge was the most serious in the criminal code. If the prisoner -was found guilty the necessary sentence would not be the jury's sentence, but the sentence of the Court. In the eyes of the law the murder of a newly-born infant was just as much murder as causing the death of a man in tho prime of life. Tho Crown required to satisfy the jury that the child -was born alive and that its life was wilfully extinguished by the act of accused. It was immaterial whether the body was found or not.

Disappearance of Child. The evidence would be partly direct and partly circumstantial. Two months before August 23, the date of the alleged offence, accused took the girl, Rosie Te Whin, to live with him in a whare at Kauri Flat, alongside a gum swamp. The evidence would show that a child was born alive to her on August 23, accused being present. Ths child disappeared when she left the room, and accused said lie ha| thrown it away, and threatened to kill the girl if she told anyone of the birth. The girl was so much under the dominance of accused that for a time she denied the birth.

When the girl's sister, Mrs. Boroevich, proposed sending for a doctor, accused strenuously objected. He threatened Mrs. Boroevich that he would kill her if she mentioned the baby to him again. The only explanation offered by accused in face of all the evidence was that no child had been born.

A Maori interpreter was necessary to translate the evidence of Rosie Te Whiu, 19 years of age, who said she had lived with her mother at Waipapakanri, near Kaitaia. She came to know accused about two years ago. To the question, " Did anything happen while you were keeping company with accused ?" witness answered, " Yes, murder." Threat Made to Kill. Witness said she went to live with accused at Kauri Flat about two months before she gave birth to a child on a Tuesday in August. Accused was the only one in the house with her. He put the baby on the bed, and told her it ■was a girl. The baby cried, and she gave it a drink. She went outside and when she returned the baby had gone. Accused said he had taken it (to a place known only to himself, and told her not to tell anyone that he had taken the baby away. If she did he would kill her. When her mother went to see her she asked where the baby was, but witness said she did not have a baby. Her mother asked accused to send for a doctor, but accused said witness was quite all right. Her mother and sister questioned her, hut she said she had not had a child. When she went to her mother's some days later a doctor called to see her. Accused took her back to his whare, threatening to kill her if she did not go with him. Her mother was badly knocked about bv accused.

In reply to Kir. Finlay, witness said Mrs. Devich, who had been summoned by accused, visited her several times on the day of the birth. She told Mrs. Devich there had been no baby. After the birth she went to live with her mother and sister. Her mother did not wish her to return to accused, and she did not promise him to go back. Accused went for her and got her to return with him. She did not intend to stay for good, but just for the night Witness and her mother and sister were very angry with accused, and all agreed that he should go to gaol for murdering the child. Disclosure of Birth. It was after her mother had been beaten by accused that witness first told anyone about the birth of the child. The first man she told was the policeman at Kaitaia, on September 13. Before that she had told Dr. Rix there was no child. She had kept on telling everybody there was no child, although she had left accused for good. She and her mother and her sister, Mihi Boroevich, made it up between them that she should say she told the police before anyone else about the birth. Through Mrs. Devich accused had asked her to get clothes ready for the baby. Accused and she agreed that the baby might be expected about October. She deniod that a child had been born to her outside the whare. She was afraid of accused when he threatened her and iso she did not tell Mrs. Devich about the birth.

Re-examined by Mr. Paterson, witness described a meeting of the elders of her tribe to discuss the whole matter. Accused was present. She also was present, but did not. say anything. The Court then adjourned until to-day.