ALLEGED MURDER

New Zealand Herald, Volume LXX, Issue 21448, 23 March 1933, Page 12

ALLEGED MURDER

MAORI FARMER SHOT

CHARGE AGAINST YOUTH

NORTH AUCKLAND TRAGEDY

THE PRELIMINARY HEARING

[by telegraph—own CORRESPONDENT J

KAITAIA, Wednesday

As a sequel to the shooting of a Maori farmer, Hatiwira Houkamou Rapihana, &11 own as Hati Eobson, at Pukepoto, near Kaitaia, on January 8, another Maori, Ttiri Manuel, aged 17, appeared before Mi". G. N. Morris, S.M., to-day, when preliminary evidence on a charge of murder was taken.

Mr. Meredith, of tho Crown Solicitor's office, Auckland, prosecuted, and Mr. R. K. Trimmer, of Whangarei, and Mr. R. H. Kelly, of Kaitaia, appeared for the accused. Tho inquest was held 111 conjunction with the preliminary trial.

Waimate Hati Robson, widow of the deceased, who gave her evidence through an interpreter, said she had known the accused sinco his childhood, and he had worked on their farm for the past two years. At times ho was well behaved, and on occasions ho would get out of control. Admissibility of Evidence Mr. Meredith asked the witness whether she could remember any such incidents. Mr. Trimmer: I strongly object to such a question. It is a well-established principle that individual incidents indicating the bad character and reputation of an accused are not admissible as evidence. Addressing Mr. Meredith, Mr. Morris asked: "Are you prepared to argue the

matter now ?"

Mr. Meredith: No. Mr. Morris: Well, I must rule against

you. , Continuing, the witness said that on the night preceding the tragedy the accused accompanied her sons to the pictures. She gave each son 2s 6d, and to the accused she gave 3s 6d, asking him to purchase for .her some tobacco and papers. She put her young children to bed early, and her husband retired at 11.30 p.m. The witness said she retired at midnight, but she did not go to sleep immediately. She heard her boys return from tho pictures, but the accused was not with them. The accused slept with one of the sons in a small "bach" at the rear of the house. "Covered in Blood" The witness was awakened between 5 n.m. and 6 a.m., when daylight was breaking. She heard her husband calling and yelling out. She asked him what was the matter. He said: "I suffering great pain and am all wet." Mr. Trimmer objected to the conversation being given as evidence, and his objection was noted. Continuing, the witness said she found her husband was covered in blood. She telephoned for tho doctor and went back to the bedroom and helped her husband to the floor, where she laid him down. She heard " someone come through . tho kitchen door and found it was the accused. She asked him to get some pillows, which he did, and also asked him to light the kitchen fire. The witness said she did not remember the accused making any remark. He had dungaree pants and a white shirt on. Qun Under The Bed

Mr. Meredith produced a bloodstained quilt, which the witness recognised as Ibeing used on the bed on the night of tho tragedy. A bloodstained singlet was also produced, which she recognised as being worn by her husband the same night. Both articles had holes in them, which the witness said were not there when she

retired to bed that night. After the tragedy the witness saw on ! her dressing table in the bedroom a tin of tobacco and papers which had not been there when she went to bed. A gun belonging to her husband was underneath tbe bed. The witness said she last saw the cartridges produced by Mr. Meredith in the little children's bedroom. Dr. John Herbert Rule, superintendent of the Mangonui Hospital, said he performed a post-mortem examination on the body of the deceased. There was a gaping wound on the right side of the / body, and below the wound were a number of small punctures. He found in the body a wad similar to the cartridge wad produced. In various parts of the body ■were found a number of lead pellets of shot.

Evidence of a Stepson

From assumption and knowledgej the * witness was of opinion that the shot was fired from the direction of the bedroom door.

D*. C. Clarke, of Kaitaia, who was called in after the tragedy, paid he found Robson was conscious and able to speak. He said ho had been suddenly awakened •with a pain in the right side. Efforts to cave the deceased's life were useless, and the deceased died at about one o'clock the same afternoon.

Examined by Mr. Trimmer, the witness said he never at any time thought the wound was self-inflicted.

Henry Job Robson, aged 12, step-son of the deceased, said ho remembered trouble between the accused and the deceased. The accused had kicked a horse and* witness' brother had kicked the accused .on the knee. "My father then caiiie and punched the accused several times," said the witness. **

-i On another occasion the accused came to the cowbail when lie was drunk and was hitting the cows, said tho witness. Robson came and kicked the accused. On the night of his father's death the witness said he went to the pictures at Kaitaia with his brother and the accused. He saw the accused at half-time, but did not see him after the pictures. Witness and his brother returned home at midnight. The brother went to bed in the "bach" used also by the accused and .witness went to his bedicoin shortly afterward. " I Heard a Bang " " Later, I woke up," said the witness. " I saw a man walking about in the dining room, which is near my parents' room. I thought he had a broom in his hand, and this he V-aned against the table. The man struck a match and went into my ■parents' room, and then came out again. I saw him get the thing which I thought Was a broom and hold it to his.fihest. " I heard a bang, and the man ran outside. It was a bit dark at the time. I could not say who it was, but he was Wearing white pants, a white shirt and Sandshoes. I then got under the bed.

' 1 I Heard my father crying out. X got tin my bed and saw the accused running "into my father's room, crying out in a low voice. lie was wearing dungaree parits, a white shirt and a black and red jersey. 1 followed him outs : de and he went into his 'bach.' I saw him waking someone who, I afterward found, was Willie Nathan. Afterward the accused came into the house again and my mother then appeared. " Later, when we were milking, I fold the others that father had been shot, and the accused said: 'lf Robson has been • shot he would have died straight away.' " The witness Henry Job Robson was -cross-examined by Mr. Trimmer when the ■case was continued this evening. Mr. Trimmer: Tho man you saw in your father's doorway was a big fellow? Witness: Yes, sir.

• Mr. Meredith objected and said Mr. 'Trimmer should not suggest to the witness that he was a big fellow. The magistrate said that Mr. Trimmer >cas entitled to ask the question whether ifche man' was a big fellow. '

Mr.' Trimmer (to witness) You saw him through your own bedroom window ? Witness: Yes, I saw him run toward tho gate. Mr. Trimmer: Then you saw accused come running in? Witness: Yes.

In answer to further questions witness said.his father was not cruel to him-or to licensed. Ho sometimes pave accused kick when ho had disturbed his sons. Tawhai Robson, aged 11 years, stated in evidence that lie went to the pictures on tho night in question with his brother Henry and accused. Witness came home with his brother and went to bed in a shanty outside where Manuel also slept, but did not see him again until awakened by Manuel in tho morning. Accused was then wearing dungaree trousers, a white shirt, and working boots. William Nathan, labourer, of Ahipara, stated that. 011 the night before tho shooting he went to tho picture? with accused and remained with Manuel in Kaitaia for soino time, afterwards returning to Robson's place at three o'clock in the morning. Witness saw accused drop a, tin of tobacco. Witness went to bed in the shack and accused went inside the house to take off his clothes. Witness did not see accused again that night, although he had said he would be sleeping in tho shack with witness. One of the Robson boys was already in the shack when witness went to bed. When they returned from tho pictures accused was wearing black trousers, black shoes and a white shirt. In tho morning witness was awakened by accused, who said Ilati Kobson was very bad. Accused then was wearing dungaree trousers.

John Norman, farmer, of Pukepoto, stated that in tho middlo of last July he saw Manuel trying to get cows into a cow race and Robson's two boys were near by. Accused used some bad language to them and witness said that Hati Robson was coming and accused would get it. Accused made a remark about Robson and added, "I will kill him." When Hati arrived ho kicked Manuel.

Timothy Busby, who was also present, corroborated the evidence of tho previous witness.

At 10 o'clock this evening tho Court adjourned until to-morrow.