THE TRIAL OF HIROKI.

Timaru Herald, Volume XXXV, Issue 2245, 1 December 1881, Page 8

THE TRIAL OF HIROKI.

(Pause Association TeiiKObak.) New I'LYStoUTH. Nov. 21. Hiroki was brought up at tho Police Court this morning upon a oharge of h«ving murdered John MoLean. The following Justices presided :— Mr O. E. Hawson, 8.M., and Mr W. A. Carrington and Mr T. King J.P.'e. Mr Standish, Crown Prosecutor, and Mr °amuel appeared for tho prosecution. Mr Stundi-h stated that ho proposed to call Mr C. Messenger to give his evidence today, as he was anxious to get back to Parihaka. After taking this evidonce he proposed lo ask for on adjournment of the case until to m>rrow. Chns. Messenger dopoierl : I am a licensed nntive interpret, r, and lieutonnnt m tho Now Zealand militia. For several y>-ar» I have been m the liabit- of attending nativo meeting* held at Pnrihakn. I wus at a meeting on tho 17th Octobor, 1878. I romembor hearing of the murder of a man named John McLean tit Ma-nahaki Shortly after that occurred I visited Psrihaka. 1 know prisoner, Hiroki. I firjt saw him at a meeting at P-irilmka m October, 1878. That was shortly after Mr Williams, native interpreter, had been ut Parihaka, searching fur Hiroki. I hftie altendo I severnl meetings before that lime, but. did not are Hiroki at Parihak* beforo Some natives directed my attention lo him, and m consequence of what tbe nativeß said C weit up to him. I said to some of the natives (m the. bearing of the prisoner) that I had hoard Hiroki was nut wounjed. Hiroki immediately show«d 11 a w nnd m his groin on the right sicio. The wound was at that timo open and bad not healed up. It appeared to have been made by a bullet, and nt tbe timo I saw it it npI aiiked Hiroki about the mur<lcr of McL-an. He said surveyors hod been m the habit of killing hi< pigs, and lie had warned thorn several times about it.. On the day of the murder ho had ho iril some d"gs ugain at. tho pig', onrl whon lie got up to where MoLean wao ho had lomo words with him about killing tho pigs. Hiroki said tbat McLean threatened to shoot him and if ho bud not tbot McLean, McLean would h*vo eliot him.

1 -aw Hiroki wiih a double-barrelled fowlingiece at Paribaka. He showed the gun at two meetings. He also had a pistol m his belt.' He paraded the gun before the uativoi who were assembled m the marae. None of the other natives had their guns at the same time. Hiroki was told he could examine the witneases. Mr Messenger (to Hiroki} ; I did have a conversation with you at Paribaka. Hiroki : I did not apeak to yon at Farihaka. Arthur Charleß Croft deposed : I am a duly qualified medical practitioner residing at Patea. I remember a Coroner's inquest being held on the body of John MoLean, betore C»ptain Wray. It was held about three years since. I mido a post-mortem exutnination of the body of John McLean before the inquest was held at Waverley. McLeaD appeared to ho about 82 years of ege, or nossiblv younger. I found a jagged wound about i;.o centre of the twelfth rib on thn left side. I diloted tho wound wit!- 1 poir of forceps. I found three or i.iur libs splintered m small pieces; blood had flowed from tbe wound. I observed also that blood had trickled from tbe right ear. I saw a swelling on the temple nbout the tizaof a small walnut. I examined the swelling, and as it wat> moveible, and I thought that it might be a bullet, I cut down upon it, and extracted a bullet. I believe the bullet produced is tbo same that I extracted from Ihe ■ body. I paced the bullet on the I able before ' ihe Coroner. I opened the body m order to trace the passage of tho bullet from the • external wound m the ribs to the ear. . I found that the ball bad fraolured • three ribs, and then made a furrow on the 1 surface of tbe liver. It then had torn tbe large arteries at the base of ihe heart, having • first pa-sed through the diaphraghm. The • next trace of the bullet was underneath the ) collar-bone, and then it parsed along the • superficial musclea on the right oide of the neck up t» the right temple bi>ne. From the ' course the bullet had taken, I believe MoLean mu*t hnve been m a stooping position > tion at the time he was shot. Ho whs shot from behind and below him. MoLesn could i not have been dead more than forty-eight 1 hours when I examined him. The wound which be received mu»t Imvo produced in- > Bta'itaneous death. I had the boHy stripped and thoroughly examined it. I discovered ) no o'her W'linds. Hiroki (to witness) : Havo you any idea ! of who it was killed the man P 3 Witness: Oh, dear no. > Mr Standish at this stage asked for a re- ' mand until to-morrow, at 11 a.m. I This concluded the business. 1 New Plymouth, Nov. 22. 1 Hiroki was brouthl up on remand at the ' Police Court to-day, when the Re»inVnt ; Mngisira'eanrl the same. Ju«'iee< presided. 1 Dp Genes Fmscr deposed : I nm a Government surveyor. I remember a man named ' John MoLean being killed three years 1 ~gn. I stw his body between the 17th and 19th of September, 1878. I was engaged 1 upon tho survey of fie Momabaka block. I waaacquain'erl with the deceased. For ab ut 1 »ix months previously he had been for the 1 whole of that time on my survey party, and > latterly had acted as cook. I went out with I n cadet to do some work at 8 bm. on the Thursday. I saw MoLean at breakfast wben 1 I left. I returned between 3 and 4 o'clock ' p.m. From what the cadet said I went out ' and locked over a bank, and saw the body of ■ deceased lying face downwards ; the upper 1 cart, of bis body was lying m water, but the other part was dry. Ho appeared to have 1 pitched forward into the stream. Thin ' nas at a plnce we used to get water - from for our camp. The bank was about 30 ' feet high, and very steep. We hud a narrow I track leading down to thn water. McLean used 10 gn down this track for water. Tb.' 1 bndy was lying at tbe end of tho path 1 where it came to the water's cd^e. Wo were 1 camped on a small clearing, but there was • hush on the opposite side of the creek. There was standing bush within a chain of where the 1 body lay, both up and down the stream. TheCok-home was ab'iut half a chain away from the p~th. A man cnuld bo concealed m ' the bush close to the path. When I saw the horly I ran down with my cadet (Kichard Birch) and puller! the body out. There was ahout two or three feet of water m the stream where the body »» lying, The head »nd fhnulders wero fl >ating on the water, and the loircr part of the borly was resting on tho i bank. I no'icerl McLeon'a hat. it was lying partially under him m the water, and a bund bucket was also lying under the deceased's 1 chest. Thp body was quite coM, but not at all stiff. We drugged the b.^dy up the bank. Deceased was dren^ed with trousers, Crimean ' shirt, boots, and had a military belt on. I ' noticed a wound on the left side of the body. Thero was a cut about two ineheß m 1 the shirt. In getting the borly to tbe top of ■ tho bank, I noticed a swelling bel.w the rifht temple, and I noticed some blood on the right ear. I got some of the flies off the tent and covered the body over. I then 1 sent the oadet to the other men, who were » working two or three miles away, to tell them 1 of what bad happened I afterwards rode to Waverley, and gavo information to the police nnd went back to the camp with a noni-table ' immediately afterwards, and s»w the bidy ' lying m the name position bb I left it. The ■ constable took possemion of the body. I was I present at the inquest he'd on the Saturday • following, and gave evidence. There were four men on my survey party baeides myself. I was m charge of the party. The camp was between five und six miles from Waver • ley. Williamson's house was nearest, and ' that was nhout one and a half miles away. I > do not think tbsrn were any Europeara working within a mils of where we were There was a VTnori pah within two miles of • 'he caraD. I had been work'ng close to the. i pah, but therp were no Maoris there when I wns near it. I »»w two or three Mnori« nt a trig station near, the day McLean whs killed, i They were sitting down at tho trig ctntio» looking at us. Tbe prisoner was not one of > thofo natives. I saw an old Maori about a mile further on the same 1 rUy, but saw no others. None of tbe 1 Maoris bad firearms that I 01 w. Maorivery often vi»ited our camp. I have seen prisoner at the c»mp several times There 1 wne a douMe-b^rrolled gun and » riflfl m the curnp. Aftfl" I found the bndy I went to the tent and examined the guns; both were m their places and clean. I noticed some blankets and sheets, or counterpanes, lying out»ir)e tbo tent belonging to Barclay. I had heard of a quarrel between some "f tho men m my camp and the natives. The only quarrel that I knew of nmone my men m camp w«b between two, viz., MoLean and his brother, at Waverley The Maoris had not m any way impeded my Burvoy. Wo BOmetimos sboi wild pigK for fond. Hiroki never complained to me about shooting thp nigs. By a Justice : John MoLcan was nlone m the camp dnring tho day. The otber men were working at some distanoe from tbe camp. By Hiroki : Did ever you know any natives stop you at your work ? Witness: No. By Hiroki : Have you any idea who killed McLean — was it. a Maori or a European ? Witness : I do not know. A dim Barolav dopoied : In September, 1878, I was ongaged as chninman to the last witnoss on the Momnhabi block. The party consisted of Birch, J. McLean, M. MoLean, Fmser and myself. John MoLean was conk to our party m September. Theoampcon«i«ted of tents and a cook'n wbare. It was on tbo hank of thn Momahaki Creek. There was n nativo track that led through the clearing whnro the camp was. On Thursday, the 19th September, I left camp with Murdook If oLfnn, to go to work on the block, and we wont t-»o or three miles inland and worked thero all day, and commenced to return to camp at 430 p.m., und arrived at the camp about 6 p.m. Saw tho body of John MnLean lying under the fly of the tent ju»t after I arrived. Constable Burrows and Fra«er arrived anrl found that tho things m my tent had been ditturbed. They found two of my blankets lyin(; outside the tent door. Haifa pound of powder, some bullets (No. 17), anrl a •heot, irero o!»r> taken away. There wero fourteen sticks of tobanco m the text, and I found two sticks lying outside the tent. The sheet produced was taken out of my tent. I recognised it ns having been made by myself. The bullets (produced) I brliove tire similar to what I lo«t. I know prisoner. I bad sosn him at the camp Qve or six times at leoit. I bave seen Hiroki wear a cap like thn one produced. When Hiroki came to the camp, be always bad a gun with him, generally »

uublebarrelled fowling piece. On one • n ion I saw bim with an Knßeld rifle. About nine or ten days before the mv der I law Hiroki »t the camp. I bad a rlrg at tbe camp which used to catch wild pigs. This deg left me one day and went and joined some Maoris who were hunting 1 «■• From information I received I accussd Hiroki of killing my dog. He said ho had not killed it and would bring tb» dog back if he could find it. I told him I would pummel him if he did not. This was the last time I saw Hiroki. I am not aware ot any quarrel between Hiroki and John McLean. I had a r»fle m the camp but it had not been used during roy absence. Mr Birch bad a fowlingpiece. Hiroki (to witneis) : Do you know whether it was a native or a European who shot MoLr&n. Witness : No. Hirnki : Were tbe natives ever quarrelling with Ihe men at camp. Witness : No. John Burrow, tbe Waverley constable, deposed : On 19th September, 1878, m come queneo of information received I went to rfmser'B survey camp at Momohaka Creek. I went m company with Fraacr and we arrived at camp at 5.45 p.m. I caw the body of John McLean. I examined the body and found a wound on the left side. I turned the body over and observed blood m the right ear and a swelling just above the ear. We moved tb« body into a tent and on the following day it was moved to Waverley. Prior to moving the body we searched for strange footprints, but could not find any, the ground being very hard. I took charge of tho bullet, which wbb produced at the inquest. The bullet produced is the same. I have seen Hiroki wear a cap exacily similar to the one now produced. 'Hiroki (to witness) : Do you really know that cap to be mine ? Witness : No, I cannot say it is yours. You were wearing one of the same material, Hiroki : Do you know if those things (pointing to articles lying on the floor of the Court) belong to me P Witness : No. Hiroki : I deny that these tbingi ever belonged to me. Ke-ei. mined : Six days afterwards I went with a party inland to searoh for the murderer. We went through tbe bush, starting from Waiteranui. O" the Thursday we die cuvi-red footprints of a naked foot and a dog following on the track. There rras a bullet picked up. Francis Williamson deposed : I am a settler, and reside ut Waitotara. In 1878 I knew Fraser's survey oirnp on Momabaka Creek. It was about two and a half miles from my bouse. I had known the prisoner for *orae time. Prior to 1878 he ured to work for me. He resided at v pah about a mile and three-quarters from Fraser's mrvey camp. About a week or t-n days beforr the 19r.1i September, 1878, I had a conversation with the prisoner at Papatuku. Lie complnined to me of the surveyors killing his pigs, and named M. Mi' Loan and John HLran. He sai I John McLean wan n bad man, for he had killo-i hi< pigs which bore his murk upon them. He said McLean told him he had bought pigs from me. Hiroki asked me if I bad Bold the pigs to McLean, and I sairl, " No ; I had sold him beff and mutton, but no pigs." I told Hiroki, if McLean bad been ■t euling his pigs, he bad better summons him. He sairl it would be no us» summoning him, because he would get nothing. Hiroki said he would do some bad work m retaliation. In consequence of what he paid, I cautioned the surveyors, for I understood that Hiroki would iill the pakehas. Hiroki generally had a gun with him, exoept when he was working There were wild pigs about at this time, but they were nearly thinned out, as the Maoris were frequently out hunting themselves. Hiroki (to witnsn) : I never told you that tbe pigs tho surveyors killed were mine. George Blake, a half-caste, deposed : [ was naked about three years ago to search for thimurderer of MoLesn. A Maori named Tomanui, of Waiteranui, gave me the first cine. From information I received from him I searched about hi* whnre for footprints. Two of hi» party were very good trackers, and I bad some oxperienco myself m tracking. Wo f> mud footprints of a man and a doe about 300 yards from the whare. Wo found these tracks first 00 a ridge, and after following the track we 0 >uld not tell whether be was going to Farihaka or to the Ngatimaru country, as there was a bra'icli m the track. We followed tho footprints until dark, and then we camped until the following day, when we resumed the track. On the second day we came to a camping place where a fire had been lit. On the second day, after crossing a stream, one of the party picked up a bu let similar to the one produced. It was given to Constable Burrows. We continued on the trail until we reached Hawert. We pushed on inland from Hawera until we reached the Pate* river to ascertain whether the track still continued to the Perihnka, or Ngatimaru country We found the track, and afterwards left it and went to a native settlement on the Patea river, but getting no informs, tion wo went back to Hawera ugain, and shortly afterwards resumed the search, From information received we went to a track leading towards ParihaVa. We oanoo to a clearing, ond I sent throe of the party along the ridge of the clearing on the inland side, and on the Beaward side. I also concale'i myself under cover. We were armed with Bnider carbines. After I had posted the men wo waited half an hour, wben I heard three shots fired on the inland side of where I had place 1 the three men. Just before I beard the shots, the man I bud placed na the seaward side went on tbe inland side to speak to th» three men. Iwaitedaminu'eoreo, and went towards the men. I saw ayellowieholo'ed cattle dog m the clearing. Tbe d"g rermed to be confused and ww running back I went inland to where I had posted the three men. When I got there I found a man on the edge nf tho olearing. Striking seaward we searched about, and 1 found a Maori mat Tho mat. producer! is the name. It had a bullet hole m it, and there wa< a bluo thread drawn into the h'le r& if from a blue shawl. Aocording to the way a Maori would wear a mat, the shot would strike about the hip of tho person wearing it. A cjri was also picked up by one nf the party a few yards from tho nvit. We examined the truck*, whioh led t> Parihaka, and they were the same we had trucked on th» previnus day. We did not. follow the truck* up any further that day, and the parly broke up. Some 'lays afterwards the party started again, aconmpanied by Williams and others. We mad- for the spot where the mat was found. We made a March, and m the bush close to where the mat wan picked up wo found several bullets, the sheet produced, part of a testament, a cheque-bonk, nnd several sticks of tohacc (all similar to those produced). I beliovo Williams took charge of these things. I did not know Hiroki at the time. I saw him several months afterwards at. Parihaka. Hiroki: What is the reason you went to follow mo ? Witness : Because I hsard you had killad McLean. Hiroki : Did you see me kill MoLsan ? Witness : No. Hiroki : Do you know that those articles produced belonged lo mo ? Witness : I can't say. Tapa Towairi a nativo ohief living at Waitotara, ar Papatuku pah, deposed: I know the prisoner, whose name it Wiremu Hiroki. I have known him for many years. He lived at tbe same pah with roe. Three years ago m September 1878 I left Ihe pah to go to Wellington to attend Parli'merit. When I left, Hiroki was at my kiangt. Hiroki hid a double-barrelled gun. I came baok from Wellington m November, and I found Hiroki bad left and taken his gun with him. I henrd while m Wellington that McLean had been killed. I saw Hirnki at Pnrihska m January following. I spoke to Hiroki about Mo Lean being killed. I said to Hiroki "You have brought disgrace on the tribe 1 you bave killed the whits man. and loft trouble behind you, amongst (he people." Hiroki did not reply. I asked Hiroki whether he shot MnLean, but he did not answer. I never saw Hiroki wear a hat like the one produced. Ido not. identify any of the articles m Court as belonging to Hiroki. Hiroki had pigs running at large, but he never complained of loaing any. I never saw Hiroki wear a mat like the one prndnced. Hiroki (to witneis) 1 Who told you I killed MoLmu t

Witness: Williann. Hiroki: Do you believe that statement to be (rue f Witnrn : Everyone bettered it to bn true. The Court then adjourned till to-morrow. There are three more niitivn witnetses to bo examined, and then it it ttid the cats will be furihcr adjourned till Monday. Naw Pitmotjth, Not. 23. To-day Hiroki was again brought up at the Police Court on a charge of murdering John McLean. The «ama*gentlemen occupied tho B»ncb. Kereopa deposed : lam a native chief. In September, 1878. I w«a living at Waitotara. 1 know Hirolii. and hare known him for many yean. I kn«w he mi living at the tame pah at I dirl near Momahaka. I knew a block of land that wai being surveyed near the pah. I remember McLean being killed ; I heard of it from a man. I wan at Wanranui when I heard of it. About six dny» after I h«d heard it, I returned to Pnratuku pali. When I left for Waneanui Hiroki wa« tber«, but he wan not there when I returned. Afier I leturned from Wanganui I went m • earch of Hiroki with Hone Pihama, Tohurue, and Konuku. John Blake and others went id •earoh of Hiroki at the came time. Hiroki had a double-barrelled gun at P»r«tuko Neither Hiroki nsr hi* gun wer« at the pah when I returned from "Wanganui. Hiroki had pig*. Prisoner did not complain to mo that Kuropaatn had been killing bis pigt. After starching for Hiroki we diii not find him. About trro years afterwards I saw Hiroki at Parihaka. On s-eing prisoner, I ■aid to him — " I bate heard from the tribe of the eril you have done ; that you hare kil'eel an European. I have heard from Hone Pihama and the tribe that you killed the European." Hiroki made no reply. He dirt not term ashamed ; he did not change countensnre j ho merely turned hes head away. I did not tee Hiroki wiih a dog ; I don't know whether he owned one. I haTe never seen Hiroki with a cap nor s mat like those produced. I know nothing about the book produced nor the writing on it. The priioner aiked no question of tbii witnesr. Win. William* deposed : I am a licensrd interpreter. In September, 1878, I was Land Purchase Commissioner for the Government. I wai m Wellington the time I heard of the murder of McLean. I was ordered by the Government to «rarch for Hiroki when I l!Ot to Waitotara. Hone Pihama and I wnt up the fiver to search for him. Two parlies want out. One party that, went, out found traces. In consequence of information received from Mr Blake I went to a plane called K.upoltonui. I saw a clearing Ibert. Blake und his party were there. We searched the place and found traces of footmarks. Hiroki had evidently been taking cove* • hero. Behind a tree close by I picked up a kit. The one produced I t believe to be the same In the kit were ■evera 1 . plugs of flat tobacco similar to thoie producd, a HMIh wrench, part of a cheque uook, a fhret. part of a Maori testament, and several round bullets. I recoll-ct .one of the bullets m particular The bullets were is a bag. Either Mr Blake or one of the na'ire" gave the kit to me. That cap was given to me. I kept charge of them for some time, and handed them over to the sergeant of police. I know Birnki ; he belonged to the Ngarariri tribe. A few diys after picking up the things I went with a lot of chief's from Waitota^a to Parihnka to aik for Hiroki. We did not find him there. Some three or four months afterwards I caw him at Pariliaka. Hirnki : Do you not know that thoie things on tho flior nre not mine P Witneis : No I do not. Hiroki : They do not belong to me. Tumina: I am a chief of the Ngntiporu I rib», and reside at Waitotarumunui, at Pukewirapara. My residence is fix miles from Wvtotara. One day, m September, 1878. Hiroki came to my whate. He came to me about 3 o'olooV m the afternoon. There is a small plantation a «hort distance m front of my whare. Hiroki haH visited my placo ,the same morning. When he came to my place Hiroki did not sit down ; Vie stood up all tho time. My wife had a pot of food cooking, and •he allied him to come and ha»e some of it. Ho accepted the invitation and partook of the food. He did not tit down, but eat some outiide of the wbare. I did not see anything »t range about Hiroki. After onting ono potato h« left. As he left he said. " From the rising to tho setting of the tun let no man fallow me." Hiroki had a cap on his he ad. Ikn.w the cap produced to be the one lie wore. Hiroki wo» carrying a potato kit ; he had al«o a small biMy. Tho mats (produced) were worn by Hiroki at the time I taw him. Ha had s dog with him -, the oolor of it was yellowish with wh'te Hiroki bad a coat, and a shawl romd hit waist. It was an old shawl ; it had some red m it and was marked lik* a plaid. I have known Hiroki from a child. I went to Panhaliß with Mr Williams, but I didn't see Hirok . I saw John Blako at my place at Kaiapo't. I pointed out the footprints of Hiroki and his dog to Mr Blak«, and went ■with U\e party m search of prisoner. We were uo days oat. It was a small footprint I povoVed out. The prisoner said he bad uo question to ask. Mr Standish asked that the case might b» adjourned till Mondiy next, when he would have four more witnesses to examine. The prisoner was then remind id till Monday next at 11 a.m. New Plymouih, Nov. 28. Hiroki was brought up on remand at the Police Court to-day, when the hearing of the charge of the murder of McLean was resumed. Dr O'Oarroll : I am surgeon m the Armed Conrtabulary Force. Made a medical examination of the prisoner on Tuesday, Friday and Saturday last. I found truces of an old wound 3i icohes above the hip bone. It had the appearance of being caused by a bullet. The bullot came out m the back of tbe hip bone, having travelled a course of four inches near the surface. It appears to bo an old wound roceivod at least two years ago. The wound would not. prevrnt the prisoner from travelling immediately after receiving it, as it was not a serinus one. Riohsrd Birch : I am a surveyor. In September 1878 I was oagaged on the survey of the Momahska blook us a cadet with Mr Fraser. [[The witness then gave evidence m corroboration of that given by Mr Fraser] He added : I killed four pig- sometime before ihe murder m company with the prisoner, who did not object to the pigs being killed. The priaoner woro a cap like tbe one pro duced. William Minnie : 1 live near Normanby. In September, 1878, I started to look for Hiroki m company with J. Blako, Hunt, four natives, und Constable Burrows. Wo started from Waverley and went first to Wniiaranui. Tamanui pointed out the track of a man and dog. We fo lowed the traok fer three days. On tho finb day a, bullet was picked up by Te Rawa and a camping place wa« found. The party went to Hawera and afterwards went to a native settlement on tho Patea river, but got no information there. Tho party went up tho river and tben returned to Hawera. Thrco duyt afterwards tome of the party went to Kaiapokinui. Thoy got to an old clearing at about 8 am. The party were armed with Boider carbines, and were posted under cover close to the clearing. After waiting for some time a native named Kaitawa came, to os, and while he was talking to us Hiroki appeared. Kaitawa was the first to see Hiroki and called out. I turned round and saw the prironer. I swear it was the priioner who is now m the dock. I knew him before, and recognised him at once. He wus walking when I first i&vr him m the direction of P.irilmlm. He seemed to hear Kaitawu ard he rtond and looked at us. As he slewed to run away Kaitawa fired on him. Another man named Te Rawa fired. When KsiUwa fired the prisoner said "Not this time" (meaning tbat he would not let them shoot). 1 went after prisoner and I saw him pulling nff his mat and also saw his hat (all off. Juct as he was going m tbe bush I fired and Hiroki d.euppn.red m the buah. Ho got behind a tree. Blake came up and the party then went to surround the tree. After we had surrounded it Blake and I went up to the trro and found that Hiroki had es caped. We found tracks leading towards Fsrihaka. These traoks were the same traokt we had followed on the three firtt days Hirokj bad a dog with biro. We tracked Hiroki for about one and a-quartor miles towards P»rihnki, and then we lott his tracks jin & Uttl« bush, tbe ground biipg corned

with leavs. This vros about thirty uvles from Paritaka. I saw the mat produced pii-ked up nt the tpot. I saw Hiroki tiirow ii off. There w»g a bullet bo o m » corner of the mat. From the manner m which the prisoner waa wearing the mat. I ehould cay that, the bullet would hay.--•truck him about the hip. The cap produced was picked up and was the jame Hiroki wore. Hiroki (to witness) : What was the reason you fired at me ? Witness : We were told to fir« at you, Hiroii : Why did y.u fire ? Witne«: Because jou ran away. X you had stood 1 I would not hare fire'l. Hiroki : Wha told you I killed a European ? Witness: I heard it. Hiroki : You know nothing about it. Patrick Conway : In September, 1878, I waa on the Waimate Plaint, living with the natives. I know the prisoner. I knew him before September, 1879. I went to farihoka m August, 1879, and saw the prisoner there. 1 had a conve Balion vriib him. I asked the prisoner about the murder. He laid, ' I went to the camp, and told them to »o off my I»nd, and not to kill ciy pigs. They laughed at me. I went home, anri came bnok again. I went there three tin.es and told them to leave, and they i> suited me, awore at me, and called me a black nigger, I told them I would make some of them pay for this. I went back with my Double - barrelled gun, and uw a man m a tent at the camp. The man m tin- ten! took up a gun to fire «t me. I took hold of th« barrel of the gun and In missed me. 1 wrested with l.im nnd took the gun away from him, and I bit him with the butt end of the gun and knockid him down. luw another man runnirg away to the creek, anrl I followed him and fired at him. I came bick to the tent to see if the o>her man watliere, and I found he had made hii eßcapu I went and foraged about (ho camp. I not some powder. I told the Maoris nt the pah I had fhot a pekeha, and I was going to Pari haka. When on my way I went to a hut near the Patea river and saw a man and a won.an. They asked where I was going, and I told them I was going to Parihnka. There waß a party after me, and Knitawu fired at me and wounded me. I got away, and continued my journey to Purihaka. 1 saw a heifer en the roud to Pari halm and I shot it. I stayed at the place for two or three dayß an my wound was bad. After I war wounded I h(ard iho natives cay they would truck me, so I went behind a tree and hM. I afterwards heard the natives say they would nut track Die, and afler they had gone I made tracks to Paihaka. I came to a pah on the road to Parihaka and th« natives were cook ing some ' tucker,' and I stopped to get some. They a-ked me whero I was going, a^d I »aid, to Parihuka. They lold mo I bud parsed Pnrihakn, and they nhorted me thx road. One of tlio natives remarked that 1 was Hiroki, but the other one said 'Oh, no that, is not him,' I then left th«ui ■md went to get my gun that I had left m the hmh. I got ny gun and went to Parihaka." Hiroki ulso raid : , " When I was -waiting behind the tree f.r the party t» track me, I intended to knock one or two over of them." This was all he suid to me. I had lived among the Maoris for the last fire years. I left, them about two months ago. I can vpeak Maori, and am quite sure 1 understood whit he add to rap. Hiroki having been inormed that he might ask the witness any questions, aaid : I do not know anything about this man ('ho witness), and never bad a convention with him Kaicawa: I live at Mainhitiwhiti, near Nnrmanhy. I remember being one of a party who searched for Hiroki m 1878. It. was m the month of September. J. Blake, Williams, To Bawa, and my.rlf and oilier* formed the parly. We saw Hiroki m an old clearing m Uud of Ksupokonui. When I caw Hiroki he was carrying a load on his back, and hidog was m Iront of him. Hiroki had a k<< under (he mat, and a gun ove» his shoulder I culled out tnice to those that were with mo " if ere he is," but the others did not hear me. I went out into the olearing that Hiroki might see me. He did see me and turned round. \b bo turned round to ruD away I fired at him. Bawa alio fired at him. I went out to the middle of the clearing and called out to the other*, "Let us follow him." I saw Hiroki chop >he mat (ma> produced). I know it by the bullet hole. I followed him for a short distance, and I then went with the party to Oeo. On the following 'lay we returned to the clearing nnd picked up the bullet, cap, kit, sheet, tobacco, and other articles. Hiroki (to witness) : What is the reason you fired at me ? Witness: I waa obeying the orders of the Government. Hiroki: Who told tbo Government I waa the man who shot McLean ? The Court decided the question could not be put. Hiroki : I bare nothing more to a«k. I do not know why the Europeans fired tt me. The prisoner was then cautioned m the unual manner. He replied be bad nothing to say m answor to the charge. He was then formally committed to take his trial. Hiroki was then oharged with breaking and entering the dwelling-house of William Taylor, at Waitotara, and stealing a doublebarrelled gun, a silver watch, two coats, and a cheque-book. A remand whs asked for till Wednesday next, whie'i wa« grunted.