SUPREME COURT.

Poverty Bay Herald, Volume XVI, Issue 5436, 28 March 1889, Page 2

SUPREME COURT.

HKKDIiK HIS HONOR MR JtTSTICK RICHMOSB.] AiriiUKK. Aperama Tongoiro said he hud been shearing at Mr White's, and 19s was due to him. Oa the morning of the 6th December, HaiiM came to his house tit Reporua. Witness was in bed. Haira shook hands with him and sat down on the sofa, and took some money out of his trousers pocket and counted 19s in silver. He said that was the money for him, and 4d was to come. He was dressed in a uniform coat. [Former evidence stated that when prisoner left Aku Aku dressed in a light coat and check pants. He had a bundle as of clothing strapped to the saddle of his horse.] Te Maera te Hei : On Thursday never received a shilling from prisoner. Kiana te Hei, mother-in-law of prisoner, stated that she had never before seen the tilings in the box that Constable Gerrard pulled out. Haira looked exceedingly gloomy when the other people, who had heard of the murder, were excited. The clothes and boots (from Pook's) would iit Haifa's child Hohepa te Peri, brother of the prisoner, stated that in the Awanui police station he asked Hair.i it he told the police witness had given him money. Haira said he had, and witness said il would get him into trouble. Haira said to him "what is to be done about the pakeha's clothing?" Pene Heihi deposed to Haira coming to his brother's house and giving Aperama the 19s. Haira went outside, and witness shortly got up. Saw prisoner, who was generally a pleasant and brisk short of a man, looking very gloomy. On the Friday witness saw him making a fence, and said to him this is a very bad thing, the murder of look and his wife for. our district, and I am eery frightened lest any of us should be concerned in it. Those piesent all spoke, hut Haira did not and cast his eyes on the ground and stooped down an.l went on with his work. Witness told Hara everyone who came from Waipiro would be searched, but Haira said nothing. By Mr Kenny : What witness had said about Haira ! s demeanor was not imaginatory, it, was observation. Witness had no dislike to Haira. Riria te Hei gave evidence that Haira's damcanor was downcast, and he was unusually silent when the others wer« excited owing to the murder. When the four people appreheuded for the murder passed Reporua, Haira did not go out of hia whare to see them as the other people did. Mohi te Araka, stated that on Wednesday night late he left Waipiro and went along the beach to Kaimoki, past Pook's store. There were throe other natives with him. They did not see any light in Pook's store a,a they passed. They were arrested on suspicion for the murder and taken to Awanui on Thursday. On Friday Haira was brought to the lock up and put in the same cell. Asked him what marks caused them to arrest him, and he said " blood on my waistcoat and shirt."' He afterwards said he had got the clothes from Pook's store. Witness asked what blood was it, and Haira said blood from marking cattle. Next day Hohepa was brought and put in another cell, and said tohi3 brother, " Is it true you told the police I gave you money." Haira said "Yes." Hohepa said "desist from saying such things ; I have not given you any money." Uohepa asked what he had told the police. Haira said he told the police the £1 16s was Hohepa's, and £1 5a was his. He bought the suit of clothes with this latter. One of the sticks of tobacco was his (Hohepa's), one was Cannon 'b, and the other was his father's. The blood oa hi.s clothes, he told the policeman, was cow blood. Hohepa said don't you be grieved about bloodstains. One of my companiona said doctors will always know what blood is, and an argument ensued with Hohepa on the subject. Hohepa said if the blood of twelve different animals was placed on papers doctors would not know the difference. Hohepa again said " Don't you repeat what you have said that I gave you money. " Haira said "How then am I to account for the suit of clothes belonging to the European. Then Haira said "I shall now be taken on this rotten charge." Hohepa asked where the horse was. Haira said "Nevermind." Hohepa said he wanted to get the hor3e to sell for money to pay for a lawyer. Haira said it was at Reporua. Haira said to witness and others you will all get clear, but I am bound to go to the Supreme Court. They replied "The Court will arrange that." Haira said I am the only one who will go to the Supreme Court because there are so many marks about me. Dr. limes described a post mortem examination on the child Bertie Pook. There were wounds on the skull which must have been caused by a blunt instrument, or the child might have been dashed against something. He examined coat, shirt, iron bar, pair of boots, and sheath knife. The sub« stance on them was blood, mammalian blood. .Sergeant Villers deposed that there were numerous tatoo marks on Haira's body like VI. X., corresponding with the marks on the knife. Witness had searched and caused search to be made for the check trousers prisoner was wearing when he left Mataahu on the Wednesday night, but they could not be fou nd. Mr Gully then closed the case for the Crown. Mr Kenny did not propose to call evidence. Mr Gully summed up the evidence. Hs said there were many point 3in the evidenco on which explanation might have been made in evidence by the defence, but that had nob been done. Mr Kenuy had asked only two classes of questions in hia cross-examination, one whether Haira was unpopular or not. That was of no consequence injthe trial. If ib [ was intended to discredit the witnesses ifc I had failed. The witnesses had all been witnesses of truth, and there was no appearance of bias or hiding. The other crossexamination by Mr Kenny was to shake witnesses' evidence by showing discrepancies between the R. M. Court and Supreme Court depositions. The discrepancies did not show that the witnesses were endeavoring to conceal or exaggerate the truth. It \rns quite natural there would b « a difference in a man's memory now and six months ago, when things were fresh in his mind. The case was therefore left virtually undefended, and they had to consider whether the case made out by th: Crown waa sufficient to warrant a conviction. Mr Kenny would try and impress upon them if there be a doubt the prisoner should get the benefit of it. He agreed, but let the doubt be founded nofc on imagination, but something substantial. The crime was undoubtedly one of deliberate murder. It is probable (he crime was done by one man, the victims being first struck down and then harked. If they believed Haira was not alone guilty, he should hecon« victed. The time of the niuiiler was fairly ascertained, between S and 10 on the evening of 1 ' the Wednesday. The tirst v.irat question was whore was ITatrn. C<>mm .-.liU; (Jot-card had gi. ..u his evidenco of Haira's statements in a most satisfactory nummr. Though that evidence was of a peculiar nature, he was bound to produce it. There- could be no suggestion that the statement was extracted by the policeman in an unfair manner or through pressure. He had an opportunity then Of giving an explanation. If he was innocent it was the best possible thing to have an opportunity of making an explanation, but if he was guilty it was not. Aud so it was in this case, the whole of Haira'a expiations were proved to bo false. His statement about going from Aku Aku to Reporua by the inland track was proved to be improbable and impossible and absolutely false. That was where he said he was, at Reporua when the murder was committed. But was that so ? On the Wednesday evening Gerrard was at .Aku Aku and Haira was also there, leaving after the policeman at about six o'clock. He arrived at the other end of the jonrney sometime pretty late at night, but they could not tell when. He was there early in the morning, before the cocks crew. Why was Haira hanging about Aku Aku all day Tuesday and Wednesday ? He was paid off for shearing on Monday, and it is probable after his lv. w$ at gambling on Monday night he was afraid to face his people and the friend whose money he had taken. At Reporua he was found early in the morning. He was very reticent, and remained silent as to when he arrived or were hv had boon. >Tc would not spenk as Maoris and he usually did. Oa Tuesday he was absolutely penniless ; on Thursday he had some pounds-. If he was ;i:i in- oent'inun hf could easily prove whr.re hi- '_ i;1 the money. How could it be easier for him fo bring such evidence. Was it to be supposed that he was handling money even- d;iy that he could not

tell how he got that money between i'ucs.J >.;, and Thursday. How was it th it in referent to these money matters lie departed so ion: from the truth in his explanation ? He paused at first and would not tell Constable Gerrard. and when he did attempt to account for it he told what was untrue. He a'ied to account for the money that he had spent, and Slid Hohepi had given him money to buy tho suit he was wearing, but Holtepa, who wa» to be depended upon that far, said he did not. lii g.iol hu sent a witness to Macra to say -«* that he hud given him a shilling. They had the fact the store was robbed, and there was only a threepenny bit in it. The evidence of Haifa's demeanor after the gambling and after the murder was strange. His demeanor on Thursday could not have been o»"ing to the absence of money as on Tuesday. His i- >iiduet on Thursday caused his people to fuel something serious had gone wrong. That was strong evidence against accused. The facts lie had referred to were sufficient to create a suspicion against the accused, but he now came to the direct evidence. He came to the footprints in the store, which pointed out that there was only one man The board produced coincided exactly with Haira's boot. The more they looked at the peculiar print and peculiar boot there could bo no doubt they coincided exactly. The finding of the knife. Supposing it was not Hiura r s knife, it would be retnarkablt that the morning after the murder a bloody knife was found on the road Haira went. Hori, who worked with Haira, identified the knife and sheath as belonging to him. The sheath was not a sheath that would be mistaken, being of peculiar manufacture. The next group of facts, direct evidence, was of a conclusive nature. The clothes which he wore on Tuesday were ne-v and were not naed before, so that how could bloodstains have got on them before. There was no doubt that the spots were blood spots. There was no attempt to show that. Haira had been engaged in butchering or marking cattle or animals. Haira said he had been marking a calf, but did marking a calf bring spots on th« back of the coat, inside the sleeve, and in other positions V Was it possible that lie would have marked a calf at the deserted place Pakelm in his best clothes? They were compelled to come to the conclusion that that story was untrue. The check trousers worn by Haira on the Wednesday night aro missing. Why arc they not produced if there is nothing to>how ? He suggested there were such blood marks on them that Haira put them out of his way, destroyed them. When the child's shirt was produced by Gerrard it turned out that the new shut brought home on Wednesday night had blood spots on it the spot of blood muse have got on it in Pooks'shop. How else could that spot of blood get on the new shirr, brought home that night. He said the trousers belonging to the suit were the trousers he wore that night, he knew lie could notac omit for the check trousers, but a look at the light trousers sufficed to show that they had never been worn. What could have been the motive ? A crime of this kind was something akin to insanity, and they must consider the most awful crimes are committed on the most trivial nvitters. The Maoris are most peculiarly susceptible to low spirits, which often tempt them to commitsuicideandcnmco. It seems that Haira lost the whole of his own money and the money of his friend, and that preyed upon his mind to an extraordinary degree. He sat about all Tuesday and Wednesday sulky and frightened to go home. The chances are that when he went into Pooka he did not premeditate murder, though ho probably had gone to get money. It is possible that Pooks, declining roughly to give him credit, caused a fury. The issue before them was a momentous one, but if the facts convinced them that Haira was connected with the murder, and they gave a verdict against their convictions, the result would be disastrous to the community and district generally. _ Mr Kenny said of course in a case ot this importance it was possible for the jur-v; to have stories and opinions in their heads, lie. would tell them first to dismiss all preconceived notions and go only by what they heard in Court. The position of (his pn.son-.-r was a forlorn one. The crime had excifjd the minds of every righteous-minded man in tho community, and the suspected person had all against him but his advocate and a fow others. The position was one horrible to contemplate, especially if the man should be innocent. The whole case which the prosecution set up was composed of circumstantial evidence. His friend Mr Gully had conducted the evidence with remarkable moderation and fairness. The evidence of the footprints was only circumstantial evidence. He quoted the remarks of a Mr vVills (quoted by Taylor on Evidence),showing how careful the jury had to be of evidence of this character. When a murder was com - mitted the police were like keen sportsmen liking to bag their game.and from little facts of no- importance build up a case ot a dreadful nature against a man. Each of the Witnesses who had a little to rein!" got, that item strongly on his mind, and he was liable to convince himself even against truths on the strength of the importance of his evidence. Whenever there was a gap in the evidence in this case the Crown made a conjecture. They say because he was hanging about Akuaku two days, because he was afraid to go home, and because he had embezzled his friend's money. They made other guesses and conjectures which were not desirable for the jury to consider. It seemed strange that for three small sums of money he should be afraid to face his wife and people. The Maoris generally bullied their wives, and had no fear for them. It was stared he rode away in the direction of Mataahu, but there was only one witness of the many called who could swear distinctly that he was seen riding that way. They cannot fix the exact time when Haira left Akuaku, it was probably six o'clock as they said. Mataahu was only thirty chains from Akuaku. Pook was proved to have left Waipiro late, and he would have reached home about nine o'clock. If it had been that Haira had roJc from Akuaku at six,aml Pook arrived alter eight, what was the prisoner doing two hours at Pook's. Pook was murdered first, being below his wife. In that instance the prosecution had proved too much. It w.is not stated when Haira_ arrived at Reporua. He may have arrived early on Wednesday evening, about eight o'clock. A point was made about his demeanor on Thursday, but that was evidence that might easily be exaggerated. The every action of a suspected person would l»e construed against him. Maoris talked a great deal about minor affaira.and no doubt would comparo notes of how Haira looked at such and such a time. The evidence of the policeman Gerrard was very suspicious. Me put the man to a stiff cross-examination, althoufh he used no absolute threat. Umkr this "the prisoner made several mis-state-ments there was no doubt about that. Persons accused of crime nine out of ten made mi«-statements, and it was very foolish ol them , but foolish people did things without thinkin" when accused of a serious crime, and it was not strange to hear an ignorant native tell invented stories. It did not follow because he told stories he was guilty. There was v:> doubt Gerrard fairly pointed his story, and be added evidence in this Court he did not mention in the others. Constable Gcrrard'd evidence should not be taken for gospel, und it must not be forgotten he has embellished his evidence in his zeal. Mr Gully made a great point of the finding of a knife by an old Maori woman, and the evidence of one witness who endeavored to identify it as Haini's. It was proved by a woman who saw Haira on Tuesday and Wednesday changing his clothes and distinctly swore he had no knife. The knife had been put in as evidence, but there was nothing to trace it to the prisoner or to the crime. The boots were unquestionably the prisoner's, but it was a difficult matter to sny at this time whether that should convict. There were no doubt certain correspondencies, but were they to say that that left hand boot made that mark. The experts, as the doctors and Mr Skey called themselves, said the marks were marks of blood. Supposing a man had taken the reel substance and diluted it, and not have founl blood, he would have doubted his own senses. Even the scientific men could be misled. The unfortunate young man was not popular amongst his people,and that should be borne in mind. He must say au enormous responsibility rest d on their shoulders. If they found tho pilsner guilty he would inevitably be Imiig.-d. It mslol with them alone, and if they gay j a dcciV:<<i against the prisoner because there «-,::■ a creat suspicion against them or they had v moral certainty he did it, they would hive great feelings of conscience if he was proved not to be the man. The murder was a dreadful one, but judicial murder was still more shocking. Unless they had the clearest evidence they should nob bring in a rerdict against him

s Hid Honor .-aid the difficulty in such case was to grasp the evidence .13 a whrlo and took at it as one single case. He would use a metaphor he had used before in like cases. The case did not depend upon single facts, hut upon the whole. One may take a bundle of sticks, and bvr,u... thorn one by one on his kneed, but he could not break them aa one. There might be a rotten stick amongst the evidence of the v ■ ••sccution, but it would not necessarily alu.i the whole bundle. Amongst the bundle might be found a stick which they could not break alone. There was one great fact he saw in the * Icnee, the correspondence of tin- boot and h ; footprint. That might alone warrant conviction ; he did not know.it was for them to say. There was anothergenernl observation especially applied to the bootmark. When Mr Wailis, Sergeant Uullen and others went and saw the footprints they were new and more distinct, and the piece of board now in Court could not have the same effect on their minds as on the others when the marks were fresh. Swarm, Wallis, and others spoke witli distinctness that the bloody footmarks were there, and they saw them with their own eyes. Many of the other exhibits come to them in a mutilated state, ocular demonstration was not wholly perfect to them. In almost all murder trials expert evidence was called. In some murder cases an expert is called to swear that a speck on a piece of glass is poison. The witncssos had not been able to go further than to say that the blood was mammal blood. They all knew that mau zoologically was mammal. This scientific evidence was brought in as confirmatory, and was not used as in a case where poison was identified solely to convict. It might be that the more they examined those marks the more they would be convinced that the outlines corresponded. That might be, and probably is, the strongest particular proof produced against the prisoner. He did not propose to weary them with the evidence which went to show a murder was committed. There was a certainty that Pook, his wife,and child were murdered. The question was, who was guilty. Did the evidence leave in their minds without any reasonable doubt he was the man. There was always some infinitesimal possibility of error, but what is meant by a reasonable doubt in justice is a doubt you would act c . in common right, a possibility. The proof might be arranged in many w lys. Mr Gully's excelle t opening address had put the order well, and did not leave His Honor much to say. Mr Kenny had given up the contention that the prisoner took the inland route, and ad-

mitsthat he took the beach one past Ma-taahu. That was wise, because it was evident the prisoner's statement was wrong. The story of blood marks from marking a calf at Pakeka must disappear with that story. That was improbable, for prisoner's father said there was no stock there to mark. Haira Poeka said on Wednesday the prisoner came to Aku Aku pah in the early morning from the direction of Mataahu. In the evening after sunset he went away on the road to Mataahu. It was stated that prisoner left on a small horse, bub cninc to fteporua on another animal. No point in the case seemed to turn much on that fact. They heard of the prisoner leaving Aku Aku at ii o'clock at night. That same night four men left Waipiro and passed Pook's store, where there were no lights. Mr Kenny had put it that Haira left too early for the murder, but of course if the man were really meditating murder he would bide his time. The question of what time Haira did arrive at Reporua was not certain, though it was certain lie did not arrive till all the residents had gone to bed. The woman who was awakened by her child in the middle of the night didn't see Haira, didn't look 'or him. He did not think the time of arrival was important. It was later than the prisoner intended, for he told the constable it was early. He did noC think that it was desirable to make any theories as to the blood marks outside. There was not much light thrown on the crime by the appearance of the the house. There can be no doubt in the world that the marks on the floor were blood footsteps, and this which corresponded with the boot was one. The knife, which was found by the old woman Te Paia and identified by Hori Korohina, had Roman figures, which, it was stated, was common amongst the Maoris to signify initials. The evidence of the blood on the knife was not of great importance, though it was of some importance owing to the knife wound on the man. When the old woman found the knife there was blood on it, and it would not be probable if Haira had used the knife for station purposes the blood would be fresh. Then Aperahana and other witnesses said they did not see a knife on Haira afa Akuaku. The bloodstains on the clothing was a point of very great importance as pointed out by Mr Gully. There again those who saw the stains first and the medical evidence would be better able to judge if they were bloodmarks than the jury, and of course a man could in various ways get blood in his clothes, but he would not be likely to get it in such positions as some of the spots on the coat. There were spots on the child's shirt. On the boot there was also blood. Mr Kenny's remarks about a doctor sticking against facts to his suppositions were hardly called for in a case like this. In places where the doctors had been unable to trace blood they had said so. The boots are odd boots and at first it seems as if the missing of the right boot is suspicious, but there was blood on both boots he believed. His Honor referred to the gambling on the Monday night, and said it was clear Haira was on Tuesday morning "pumped out." They did find him, nevertheless, in the possession of money quite early on Thursday morning, when ho paid hU trust to his friend, and another petty falsehood was the statement that he paid one shilling to Maera te Hae. Besides money found in prisoner's possession were certain goods, child's suit, etc., which had never been seen in the whare before. The conversation in gaol was certainly remarkable. (His Honor then detailed the evidence on the subject.) Haira detailed to Hohepa what he had told the police, and told witness and others he would be the only one who would go to the Supreme Court. In remarking about the strength of the points was the strength of the whole, his Honor said he did not want to bias the jury against the prisoner, but he wanted to put the case clearly. He remarked on the fairness with which the witnesses gave their evidence ; there was no attempt to screen a fellowcountryman, and some of the witnesses were Haira's near relations. Their evidence was impartial, and that was a lesson which should be taken, and which was wanted, by many of our own race. His Honor concluded : " You will now retire gentlemen to consider your verdict, and may the spirit of tiuth and wisdom enlighten your understanding and guide your deliberations to a true and just decision." At 1.30 the jury retired to a room in the theatre used as a ticket office, and refreshments were at once sent in to them. At 20 minutes to 5 the jury returned a verdict of " Guilty." The prisoner had nothing to say, and His Honor passed sentence of death, the prisoner not moving a muscle. His Honor concurred with the sentence.