ALLEGED TOHUNDAISM.

Poverty Bay Herald, Volume XXX, Issue 9865, 6 October 1903, Page 2

ALLEGED TOHUNDAISM.

THE CHARGE AGAINST MATENE KAIPAU.

At the Police Court tliis morning," before Mr Barton, S.M., Matene Kaipau was charged that on or about September 16th, atTe Arai, ,he did kill Heta Te Kani. There^was a large attendance of the public, including a good number of natives, who took much interest m the proceedings. Mr J. W. Nolan, Crown Prosecutor, conducted the prosecution. Mr W. L. Rees appeared for accused, who pleaded not guilty. Mr Nolan said the question for his Worship was to decide whether the case was one for a jury. The information arose out of the actions of accused toward the deceased man Heta Te Kani, which the prosecution alleged at any rate accelerated death.

Piniha Ma.ru, Te Arai, stated he knew accused and also Heta Te Kani. Last month Heta was ill, and went to witness' house. Matene was treating Heta there. Witness remembered September 16th, on wliich date Matene came to the house, before the sun was up, where Heta was, and called to deceased to go outside. Heta and witness both went outside to accused, who had no coat on. His sleeves wore tucked up to his elbow, and he had a bucket of water m his baud. Matene had placed a buggy xug on the ground for tlie patient to sit on, and called on Heta to take his shirt off. Heta's only clothes then were the trousers m which he slept. Heta had hardly sat down when Matene emptied the bucket of water on Ids head. Befoi-e accused poured the water on Heta's head he told deceased to look towards the sun as it was coming urn. When the water came on his head Heta jumiped u]J spasmodically, and while he was contorting witness caught hold of him. Heta gave signs of great distress. Accused then gave the shawl to witness, who wrapped Heta, up and took him inside the house, half dragging deceased m. Heta's wife came to the door. When witness got inlside with Heta he laid him alongside the fire, and after he got a little warm witness and Heta's wife put him' on the bed. Heta had to be lifted on the bed, saying, "Well, I am done for, now." Accused was not present at this time. Matene also gave Heta some medicine for his throat. This medicine was leaves boiled m water and applied to the throat. Witness was attending on Heta while the latter was ill at Te Arai. Deceased did not get out of bed again after the treatment described. After the 16th witness noticed a difference m Heta far the worse. He could not eat, and asked witness to- get medicine for him. Witness sent for Dr. Morrison, who came to see Heta about three days after accused treated him. Prior to Matene's treatment Heta was not confined to his bed altogether, but on fine days would go outside and sit on a case. On the Wednesday morning, September 16th, wlien aoaused treated deceased, it was rather cold, though not stormy. Te Karukaro, widow of Heta Te Kani, living at Whakatq, Te Arai, stated her husband got medicine from the Europeans. Matene asked deceased on. September Bth to let accused treat him, but Heta refused. Matene told Heta that he had a bird m his throat which obstructed his breathing. "A tui," explained witness. His Worship : Rather a large obstruction.

Witness, continuing 1 , stated Mcitene told her husband if he allowed accused to treat him he would remove the tui, and Heta would be able to speak as well as acaused. Heta refused, but Matene cam* the following day and persistently asked Heta to allow him to place ( liis hand on his throat. Heta said, your spirits elsewhere. Don't work them on me." Accused was so persistent that at .last Heta consented to allow him to place his hand on his throat. That was all that happened then. On the following Friday night Matene came and sent for Eria, who was the cause of Heta's illness. On the following .Monday night the messenger returned without Eria. It was Matene who- said Eria was the cause of Heta's illness. Matene said he would not have anything further to do with Eria. On Tuesday morning accused camo and told Heta that m tliree days he would be as well as accused. Matene said he would commence his treatment of Heta. on Wednesday, instructing Heta, as the sun was rising m the morning, to take his clothes off and go outside, and accused would pour water over him. The water was to be cold. Heta said ho did not think cold water would do him any good, as lie had not used cold water for over 10 years. Matene said : "It all rests with me." Heta consented, and the following morning, before daylight, Matene came and told Heta to take his clothes off. At daybreak Heta and others came out of the house and witness did not know what occurred then. When Heta returned to his house he was partly earned by Piniha. Witness saw that Heta was completely wet, and gasping. She assisted Pmdha to take him into the house, dried his head and body with a towel, took off his wet trousers, find put dry clothes on him. Then Piniha and witness lifted him on to the bed. As Heta was shivering witness covered him well with clothes, and set the fire going so as to warm the house. Accused said he would go away and make medicine for Heta, and afterwards returned with the medicine, placed it m a pot,juid boiled it, and applied it to the neck. On Thursday accused returned and applied the sarnie medicine. Heta told Matene that his bowels liftd not been open for some time. Deceased was unable to get out of his bed, his legs were limp, and he could not stretch them to their fullest extent. He returned on Friday at 8 a.m. and told Heta to get m a bucket and tub of cold water.. Accused told Piniha to bring the tub of cold water inside the ihouse. Heta said his great, complaint was that he was uot resrular m his motions. Matene replied "Never mind; I will lift you up and put you m the water." Matene lifted Heta up and put him m the tub of cold water. As Hetd could not stand tup Matene held him and took off his shirt. Heta was then, put m ted again. Acoused then said that. Heta should send for the doctor, who would remove the stoppage of the bowels, but if the doctor came Matene must work m concert with him. Heta would not consent to this. On Saturday Heta's relatives, said thiat Matene should have no more to do with him, and the doctor would be sent for. At this time Heta was suffering grecit pain. Dr. Morrison, was then sent for. After Matene's treatment Heta was gasping and; appeared to get much worse. Prior to the treatment by accused Heta did not complain of any stoppage of the bowels.

Rr. Morrison stated lie knew Heta Te Kani, and. attended him om September 19th. For the past 12 months deceased had been> a patient of witness. Heta was suffering from consumption. On the 19th witness found Heta m a state of complete exhaustion, andl was told that his motions had? been stopped for from four to eight days. Witness gave him relief. The treatment described as .having been accorded Heta by Matene was very harmful. To have cold water poured div a man m the state deceased was would cause shock, which wouldi increase any exhaustion he might be suffering from. The treatment would probably accelerate his end. Witness had not seen Heta since June. Very likely the treatment caused the stoppage of the urine, and it would certainly confine him to bis bed. From the .evidence Heta undoubtedly had a shock, but not having seen deceased previous to it was difficult ( to judge wtietiier"it was sufficient to cause death. Iro any case, it would have hastened death. By Mr Rees : Heta was a slowly-dying man. Witness, when he saw him last winter, did nbt think at one time that he would see \thef summer through. Dr. Gliarles Scott stated the treatment of a man m Heta's state as described would lead to shook, wliich would hasten his end, aud would also lead to his being confined to his bed prior to his death. The cold water treatment would Jjelp the stoppage of the urine mentioned Tind such stoppage would) tend to shorten the patient's life. . Rawiri Kareaha stated he saw Matene on September 21st, and asked him to explain thoroughly what, he had been, doing to Heta. Matene replied that he was showing affection for Heta, but deceased was held under the witchcraft of one called Eria, and that every part of Heta was affected by this^ witchcraft. That was the reason he sent a messenger to Eria to come and relieve him. As Eria would not come he would apply to another god, Toiaroa, to remove the in'•ctfntations of Eria from Heta. Witness told Matene he would have liam arrested, and that same evening witness arranged with other people at Te Arai that accused, should be arrested. For the defence, Mr Rees pointed out that though it . was desirable that publicity should be given to the case, it could hardly be expected that a jury would convict accused on a charge of murder. Mr Nolan said the charge was one of "killing." Mr Rees: Well, that is murder. Mr Nolan. : Not at all. It is differently" provided for m the Act. Mr Rees applied for bail. All the moral sense of the crime was absent m regard to the prisoner, who was a wellknown native. His Worship committed Matene to stand his trial at the next sittings of the Supreme Court, bail being allowed m £200, with two sureties of £100.