THE ONGAROTO MURDER

Otago Witness, Issue 3523, 20 September 1921, Page 52

THE ONGAROTO MURDER

THIRD TRIAL. HAMILTON, September 12. Ilie third trial of Hakaria Te Kahu, charged with the murder of Patrick Richard Elliott at Ongaroto on Easter Monday, commenced this morning at Hamilton. The prisoner showed no signs of distress. Great public interest was evinced, and the court was crowded. The .Solicitor-General (Mr W. C. MacGregor) appeared for the Crown, and Mr M. 11. Hanipson, who defended prisoner on tile two previous trials, again appeared for him. The jury in the Ongaroto murder trial left to-night for the scene of the tragedy. The members will return to-morrow to resume the trial on Wednesday. There has been no fresh evidence so far. September 14.

At the Ongaroto murder trial Kepa Hamilton, a new witness and a son of another witness, said that on Easter Sunday, just as it was getting dark, he saw- the prisoner alone with a gun following a fence line, going away from the bridge. Asked bv the Crown Prosecutor why he had not given this information before, witness replied that he did not want to get mixed up with the ease, but, that when he discovered the seriousness of the affair he gave an honest account of what he saw to Detective Sweeney. Asked by counsel for prisoner whether he spoke English, witness at first would not reply. Later, under pressure, he admitted that he spoke it. very little.

In further reply to Mr Hampson. witness said that he was cantering a horse when he met the accused. Prisoner’s back was turned towards him, and witness did not call out anything or pull up. He did not tell anyone that night or the next day that ho had seen the accused. Witness said ho was quite aware that his mother and brother had given evidence at each previous trial.

September 15. There is still great interest being displayed in the Ongaroto murder trial. The evidence is the same as was taken at the previous trials regarding the finding of the body and the incidents at the camp and in the two-up school. Thomas Donnelly, a new witness, said that during September last he was ganger in charge of the river gang during the absence of Mr Elliott on holiday. Prisoner was a member of the gang. On the night that Elliott returned prisoner said lie wanted to get away, but he had not enough money to go. He asked Elliott to buy his (prisoner s) gun for £4, but reduced the price to £2, at which Elliott bought.' After the deal witness went outside. Prisoner followed him, and said: “By God, he is a mean —. I will get even with the mean “ yet. Prisoner used to get stores in witness’s name, witness deducting the cost off his wages. Prisoner wits very fond of shooting, more for shooting sake than for game. In answer to Mr Hampson, witness said the term used by tlie prisoner in relation to Elliott was just ronght-and-ready and familiar to bushmen.

September 16. lhe third trial of Hakaria Te Ivahu, charged with the murder of Patrick Richard Elliott at Ongaroto on Easter Monday, concluded to-night. The Solicitor-general (Mr V.’. C. MacGregor) appeared for the Crown, and Mr M. H. Hampson. who defended prisoner on the two previous trials, again appeared for him. lhe jury, after a retirement of three hours, returned a. verdict of guilty, and prisoner was sentenced to death. Mr Hampson, for prisoner, asked his Honor to giant leave to appeal, under section 442 of the Crimes Act, against his Honor’s direction to the jury in the second trial, when he commented upon the fact that prisoner had not been called upon to give evidence. Mr Hampson hold that, as tlu.s was published in tne newspapers, it had created a prejudicial effect upon the minds of the of whom the jury consisted of a portion. His Honor said lie did not see that what happened in the second trial had anything to do with the present trial, but would <>ive Mr Hampson every assistance if he desired to go to I lie (‘ourt of Appeal. Prisoner, who bore u;> stolidly througiiout the trial, showed no signs of emotion until the death sentence was pronounced, when lus eyes filled with tears, and he showed signs of paitial eollapie.