MURDER CHARGE

Timaru Herald, Volume CXXXIX, Issue 20027, 7 February 1935, Page 11

MURDER CHARGE

SEQUEL TO QUARREL By Telegraph—Press Association AUCKLAND, February 6. The trial of Puhipi Riwhi, on a charge of murder, began to-day before Mr Justice Fair and jury. Riwhi, aged 33, also known as Busby Leaf, is charged with murdering his cousin, Henare Riwhi, whose European name was Henry Leaf, at a village 20 miles from Rawene, North Auckland. The Crown Prosecutor said there had been considerable trouble between the two and their families over the placing of stock in a paddock. At midday on September 24, accused went to his brother-in-law, Walter Iraia, and attacked him with his fists, but stumbled, and was struck by Iraia with a bridle. Iraia ran, and accused called out threatening to kill him if he caught him. Accused then went to a paddock and drove cattle off the property. Other natives, including Henry Leaf, arrived, and the latter went to open the gate with the intention ot putting the cattle back. He saw accused approaching with a spade. Henry Leaf went towards him, and was going to "get right into’’ accused. However, accused, struck Henry on the head with the spade. It was not thought the injury would be fatal, even though there was a fracture of the skull and the arm, but after two days, gas gangrene infection, which is usually fatal, was detected in the arm. It was amputated, but the poison spread and the man died. It was gangrene that really caused death.

The Prosecutor said it seemed clear that two savage blows were struck, one on the head and the other on the arm, and that the accused was reckless, whether they caused death or not. It was open for the jury, however, to bring in a verdict of manslaughter. Yet it seemed difficult to see how sudden provocation could be pleaded. Admittedly there was ill-feeling, but the provocation appeared to have come from accused.

Dr. G. M. Smith, in charge of the Rawene Hospital, said that when Riwhi was admitted his general condition was quite good from a surgical point of view. The day before his death, however, signs of gas gangrene were found in his right arm, and although an operation was performed Riwhi died early on the morning of September 27, the direct cause of death being poisoning from the infection of gas gangrene. To Mr Tummer (for accused): Witness said that in all probability Riwhi would have recovered from the wound on the head. The intervention of gas gangrene was a piece of bad luck for all the parties concerned. The hearing was adjourned until tomorrow.