SUPREME COURT.

Poverty Bay Herald, Volume XVI, Issue 5435, 27 March 1889, Page 3

SUPREME COURT.

[HKFOBK HIS HONOR MR JUSTICE RICHMOND. ] HOKSK-STHALIKi; AND FORGERY. Hiimi Tarahau was brought - i for sentence on charges of horse-stealing a,> 1 forgery, to which lie had pleaded guilty. Prisoner had nothing- to say, but Mr Kenny addressed His H- .• on his behalf. Mr Kenny said that c its Honor might look upon thn forgery merety as an aggravation of the horse-stealing. He believed Kcihetu, son of the owner of the horse, whose name was forged, was implic it.'d in the theft. 1 1 is Honor was not disposed to pass a h-'iivy sentence. Prisoner had repaid the £4 f o Mr Walters, which was a sign of grace. Ib- would take the two offences as one. For horse-stealing he would be sentenced to ik montns in Napier gaol, and the same term for forgery, the sentences to run together. MUUDV.R. Constable Durrani's evidence (continued) : He .saw th. blood, did not get it on hia trousers bccvui.se it spurted up. Witness told him if he had his knee on the calf's neck the blood would have got on them. He replied that he had two pairs of trousers on. Witness turned up the fork of the trousers and showed him that it was quite clean. Blood-marks were on the coat near the pocket, on the front, inside the cuff, and a great many spots on the back. It seemed as if these latter had been nibbed to hide them. Thou asked him if he brought any money . i Mm Akuaku to Reporua. and he said he had Cl in silver, 19s of which he gave to Apirana, and the other shilling to Te Maera te Hei. Witness then searched tne pocket of the coat and found some sticks of tobacco, which he said he had got at Wallace's, White's, and one he stole from his father's pocket. Witness took from the coat pocket 265, and asked Haira who owned it. He said it belonged to his wife. His wife said that, was so and the money was her own. Haifa's mother-in-law then said "the mouoy is mine. " and witness asked her where she got it. .She said it was her share of the Whareponga rent. Witness searched the box again and found a child's new shirt, blood-stained. A weman said the shirt belonged to her child. In the box- was a length of new Turkish twill and a, towel, which Haira claimed. Prisoner said the lc/<; boot he had on was worn on the journey, but witness could not tind the right one, its fellow, and witness measured the left boot and it was 11 J inches long and 3.\ broad. Then searched prisoner's body, and lie used a frightened expression, " This is very dreadful." Then arrested him for the murder of Pook and his wife. Heshook with fear and could not speak. Took him to the station at Awanui, and there found blood on the two boots he was wearing. Before the arrest Haira had told witness he bought the suit from Mrs Pook for 17s. Witness replied that could not have been, and prisoner replied he got £1 17s from his brother Hohepa. The track past PakHia which Haira mentioned witness had ridden over, and it took him riding fast six hours. It was physically impossible to go over the track in much leas time. At Pakeha no one lived, but there were a number of villages on tli2 track, and it would be impossible for anyone to go past these places nndi covered. .Mr H. McClutehey detailed the conversation between Genard and the prisoner, a3 told by last witness. The Court then adjourned till 10 o'clock this morning, the jury being locked up all night. Henry James Cannon, managing the store and hotel at Waipiro for Mr 'A lute, deposed that Haira was paid on the Monday £1 10s. Next morning he was sittiug on the verandah of the hotel with hia face in his hands in a depressed condition. Hohepa Kamura went on Monday night, December 3, from Waipiro to Aku Aku. Haira and Hohepa te Piri were amongst the company. On arrival thoy played cards till daylight. Haira lost all his money, a cheque for £1 and one for 19s with Apii ana's name on it. Haira was trying to borrow money, and lie said he had lost his money. Peta left, and Haira said " That man will get me into trouble ; he will tell my wife that 1 have lost my money. "" He went outside, and witness heard him cry. Witness then went back to Waipiro, and Haira followed them and sat on the verandah of White's, looking very queer and gloomy. Te Wheo te Wa was the man who won all the money at the gambling at Aku Aku. After he had won the. 19s 4d cheque Haira said "I have lost another man's cheque, and am much grieved." The cheque was given to Haira to take- to Aperama at Keporua. In answer to Mr Kenny, witness said prisoner was a bad man, and was very quarrelsome with the Maoris. Mereana Tamahau gave evidence as to the gambling on the Monday night. On Tuesday and Wednesday returned to Aku Aku. Haira changed his clothes prior to his return to Reporua. .1 fo put on a light coat and vest [bloodstained] and check trousers. He left Aku Aku after sundown on Wednesday. On the Whareponga side of Mataahu is a whare where he might have stayed on Tuesday night. Haira Poika also saw Haira at Aku Aku on Tuesday morning and evening. On Tuesday at sunset Haira went towards Mataahu on the Reporua road. He could not have gone to Pakeka that way. At break of day on Wednesday Haira walked back into the pali from the direction of Mataahu. He went into the whare, and they had prayers. On Wednesday evening Haira was still at the pah, but left walking. Some time after witness saw him going around a point in the direction of Mataahu. Whikiriwhi te Piri, father of prisoner, gave similar evidence to the last witness. On Wednesday morning Haira was sitting in his whare at daybreak shivering. On Wednesday evening Haira went. Witness had no tobacco that his son could have taken out of his pocket. There arc no horses or cattle running at Pakeka. Aperahana Pohau gave evidence of a like nature. Katene Aopouri was at prisoner's whare on Friday when Gerard and prisoner were there. The blood-stained shirt did not belong to his child as mentioned by Haira. The clothes (from Pook's store) and shirt would fit Haira's child Had never seen them before. On the night of the murder (Wednesday) ho went to bed curly. About midnight he went out for a few minutes, an 1 when he returned Haira was lying besides his wife. Raiha Katene deposed that during the Wednesday night she woke up during the night and lit a candle, but did not see Haira. When she woke in the morning Haira was there. The people were much excited when they heard of the murder. Haira said nothing. Constable Gerrard passed on Thursday with four prisoners apprehended for the murder. Most of the people went out and were excited. Haira did not ; he remained in the house and said nothing. Hohia te Hei said that when Gerard was questioning Haira about his money, prisoner said he gave Tz aera a shilling "on the day of his arrival at Reporua. " When at the Awanui police station prisoner asked witness to tell Te Mi.era not to deny that ho (prisoner) gave him a shilling. Sergeant Bullen gave evidence of the marks and footprints ho discovered in I'ook's store aud house. He produced a board sawn from the floor of the store with a footprint on it, similar to Haira's boot, and shewing a break in the sole of the boot. He produced two sticks of tobacco of similar brand to the sticks found on prisoner. [The print on the board corresponds exactly with the boot, which has been peculiarly worn sway. In more than one place there are depressions on the sole, and on the print there are corresponding faint impressions.] John Dunn gave evidence that the took the clothing, etc., to the anylyst at Wellington. William Skey, the Government Analyst, gave evidence that the blood on the knife, coat, and other articles was mammal blood. Te Pat a te Taori gave evidence of tindiiK' a knife on Thursday at Waitoki. The knife and i-hcath wmo c.-vcred with blood. Hone Korohina, was working at Makareka with prisoner, and idenfifie 1 a sheath knife marked VIX and a peculiar sheath. [T!ie figures VIX are on prisoner's body.] These Roman numerals signified in Maori H.P. [Left sitting.]

James Gall t-akl to ho the last survivor \ f<f the Forfarshi.e, died at B;.rrow on , Ohri3tman Day at the nge of eighty-four r years. Gall was one of the faw peraom 2 rescued by. Grace Darling and her father - when the steamer was wicked on the Faroe Islands.