SUPREME COURT.

Wairarapa Daily Times, Volume 49, Issue 14878, 16 March 1923, Page 6

SUPREME COURT.

THE BLACKROCK AFFRAY

TRIAL OF HAEATA.

The trial of Pakira Haeata, on a charge of having attempted to murder James Kenrick at Blackrock on February 4th, was continued in tho Supreme Court this morning.

CONSTABLE DEVINE’S EVIDENCE. Constable Devine said that on February 4th, about 4 a.m., lie proceeded to Blackrock station in company with Sergt. Sweeney, Constables Phillips and Cullotty. As they approached the house they found the accused and James Kenrick seated on two chairs on the verandah. They were sitting close together, and the accused had his arm round Kenrick’s neck. Accused’s left arm was hanging and was covered in blood. There was a wound between the wrist and the elbow. Accused said, “1 done the deed. ’ ’ Witness assisted Dr. Cowie to cut the sleeve away and temporarily dress the wound. He then went inside the house, and one of the women handed him an empty cartridge shell (produced). Outside near where the men were seated, ho found another shell, a different brand. On the way to the car with Haeata, the latter .said, I walked down here from Lansdowne tonight. I intended to shoot Kenrick. He had my wife out here living with him. I met kenrick on the way and told him if ho would not go away from this district I would shoot him. Kenrick told me he would not go. At 2 o’clock this morning I waited for Kenrick near tho hedge, a short distance from the house. [ met Kenrick leaving his house, driving a horse and gig. I told him to pull up. Kenrick got out of the gig, and I fired a shot at him. Kenrick ran back to the house, and I fired several shots before he reached the house. Kenrick got his gun and fired at me and wounded me in the house. Kenrick was only a few yards away from me when he fired.” When they were putting the two guns in the cars, accused and Kenrick each claimed his own gun. At the hospital, witness found nine live cartridges in tho accused’s hip pocket. In Kenrick’s trouser pocket he found some live cartridges. H e also found three £1 notes and a £5 note in Kenrick ’a pocket. There were some shot among the notes, which were perforated. The shirt, singlet, etc., worn by Haeata weer blood stained. At the hospital, about five hours after the accused was operated on, accused discussed the matter with witness. Witness asked accused if he could take it down in writing, to which accused agreed. Witness took down a statement just, before dinner. In the statement accused detailed matters leading up to the trouble between himself and Kenrick. Accused said that lie went to Blackrock station with the intention of killing his wife and Kenrick, and detailed what took place during tli shooting at Kenrick’s house. Mr Noble subjected the witness to a severe cross-examination with regard to the latter taking the statement from accused at the hospital the same morning as he was operated on. Witness replied that the statement was given voluntarily and that accused was in a condition to make a proper statement when it was taken. CONSTABLE PHILLIPS CORROBORATES. Constable Phillips, who accompanied the other police to Blackrock, gave corroborative evidence. While the doctor was attending to the men, witness was handed a gun by Elizabeth Kenrick, and two live cartridges, which, she said had been on the ground outside the front door. On'the way to the hospital Kenrick described what had taken t.laee during the shooting. Witness read a statement taken from Kenrick and Haeata at the hospital the day after the shooting. Both men agreed that the statement was a correct summary of what took place. ACCUSED GIVEN MORPHIA. Dr. Cowie (recalled by Mr Noble) said that when he went out to the injured man >on the day of the shooting he gave accused some morphia—about half a grain, through the mouth.. His Honour: Would half a grain send a man to sleep, doctor?—Not if he was suffering pain. If he was not suffering pain he would go to 1 sleep. His Honour: This man was suffering pain at the time —Yes.

THE SERGEANT’S EVIDENCE

Sergeant Sweeney also detailed what the police found when they arrived at the scene of the shooting._ The three cartridges produced were given to him the same afternoon by Mary Kenriek. This concluded the case for -the Crown. NO EVIDENCE FOR DEFENCE. Mr Noble said that he was not calling any evidence. Mr. Burridge did not address the jurv. Mr. Noble spoke at some length on behalf of his client, and His Honour then summed up. The jury returned a verdict of not guilty,” on the charge of attempted murder, and ‘ ‘ guilty ’ ’ on the charge of having done actual bodily harm to Kenriek. The prisoner was remanded for sentence .

MASTERTON SITTINGS. BRENTNALL “NOT GUILTY.” The sitting of the Supreme Court was continued yesterday afternoon, His Honour Sir John Salmond presiding, when the charge against Alfred H. Brontnall for alleged false pretences at Martinborough, was concluded. ACCUSE D’S EVIDENCE. Alfred Henry Brent nail said he did the hauling for”Whiteman for 2s 9d per 100, but he agreed to reduce it to 6d per 100 for half of the slabs when the mill was finished. Whiteman kept the tallv of the timber hauled. When the mill closed down there was a large heap of good quality slabs, but witness never measured up the stack. Witness considered that the matai slabs, cut into footlengths would produce as much as any other firewood procurable on the market. Witness was to take three loads of wood to Masterton, the carting of which he valued at £29, for half of the slabs left at the mill. Witness became possessor of the other half off the slabs for meeting the W.F.C.A. account and Bridge's account,for one:Robinson. Nothing in either account was witness’s personal debt. These amounted to £93. All the slabs, on the mill site then belonged to witness. The demand for this class of firewood was good, and the slabs were bought as a commercial asset. Witness intended to remove the slabs when his teams were idle. The slabs when cut up would be worth from £2 to £3 per cord, and 8s per cord for cutting. Witness estimated the- value of the slabs at the site at £3OO, and insured them with the New Zealand Insurance Company for £2OO. "Witness offered to take the agent over to see them, but he said it was not necessary. Witness did not know that Raison had carted any slabs away till after he putin the claim for insurance. Witness was in Palmerston North when the fire occurred. When making the declaration witness -told the solicitor he did know the value. Witness told Bastings that lie had bought half the slabs from Whiteman, but did not say that he paid for them by cheque, lie might have made a mistake between the slabs and the 100 cords of firewood ho bought from Whiteman at 22s Od per cord. „ . ~ , Mr Burridge: Is it not- a fact that you tried to conceal the real position 1 ’ Xo. The selling value of the slabs in Martinborough was estimated at £4OO. Witness could not account for 'Wilson selling half of his slabs for £5. Witness had not had a settlement with the -company, and did not know if they had refused to settle his claim. Ralph Smart, sawmill hand, Gladstone, detailed the dimensions and position of the slab heap. John Andrew McGrath, Carterton, and Albert Holdsworth, Greytown, corroborated. the previous witness’s evidWilliam J. Horn, contractor, Martmborough, said he bought 180 cords of slabs three years ago, and the demand was good. The price was better now. Loads of three cords sold at £4 10s. To Mr Burridge: Witness bought six cords recently at the site for 10s per cord. . George Scrimgeour, accountant tor the W.F.C.A., Greytown, said Robinson’s account was settled by accused. All the items were Robinson’s household purchases. To Mr Burridge: Robinson’s p.m became payable in May, and as the monej was not" forthcoming Robinson was Pl This" closed the case for the defence. Counsel for accused and for the Crown addressed the jury fox 40 and ->-< minutes respectively. His Honour commenced his summing up at 5.30 p.m. He said that if accused was found guilty of the first charge lie would be guilty of the -second, but if lie was found -not guilty on the first lie would be acquitted on both charges. The charge before them was rather an unusual one, and it was a hard job for the Crown to prove that the accused had fraudulently swindled the insurance company. The Crown had conclusively to prove that accused was guilty of the offence. The over-estimation ot values was a common occurrence, as it was merely a matter of opinion and judgment. It was the duty ot the jury to prove whether it was purely an optimistic estimation of the value ot ffie slabs or whether lie had in mind the possibility of defrauding the company. The Crown had come to the Court with no definite title as to the ownership ot the slabs, and the Crown -evidence was not consistent. One Robinson, who was called in the lower Court-, had not been called in the Supreme- Court by either side and it would be interesting to hear what he had to say regarding the ownership of the slabs. One point m favour of the accused was that the company had offered him £3OO insurance and'he had only -accepted £2OO. There was also a point on -the -other side that was his statement regarding how he possessed the titl<s to the slabs, this aitewards being refuted by himself. ACQUITTED ON BOTH CHARGES. When the Court resumed at 7.30 the foreman -of the jury announced that the verdict was “not guilty” oil both charges. Brentnall was therefore acquitted.

ALLEGED ATTEMPTED MURDER.

CHARGE AGAINST A MAORI. Pakia Ilaeata, aged 30 years, was charged that on February 4th, at Blackrock, he attempted to murder James Kenriclc. He was further charged that on the same day he did actual bodily har into James Kenriclc. Accused pleaded not guilty. Mr. W. Noble appeared for accused, and Air. R. R. Burridgc conducted the case for the Crown. The following jury was empanelled: Thomas 11. Hughes (foreman), Davis N. Adams, 11. W. Bungate, Harry Webb. Edward O. Mills, George Watt, Frederick J. Taylor, Albert Jensen, Ernest Tooby, Arch. Broadbcn,t Walter Harrison, Henry Hilton. The evidence of the Grown witnesses was on similar lines to that given in the lower Court, and reported fully in the Daily Times last week. James ' Alexander Cowic, medical practitioner, gave formal medical testimony describing how he had attended Ilaeata and Kenriclc at Blackroek on the morning of the affray. To Mr. Noble: Ilaeata was suffering from shock and an injured arm, which necessitated an operation. He was under the anaesthetic for an hour, and with the injections of morphia his mind might have been mentally confused^ for some hours. Re-examined, witness said the anaesthetic had different effects on some people. James Kenriclc, drover and shepherd, Blackroek, gave evidence similar to that which lie gave in the Lowe rGourt. On February 3rd, the evening before the shooting, witness met accused on the Te Ore Ore road. Accused refused to shake hands and remarked, “I told you to get off the place” (meaning Blackroek). Accused resented witness passing his (accused’s) place, but this

route was the only way of getting to town. Witness offered to be good friends and let the matter drop, but accused refused. Witness had heard that accused had threatened to_ shoot witness, and on being asked if this was true accused replied in the affirmative. Accused said he then had no time for his wife, and that ho was going to leave the district. Mrs. Haeata had then been occupying witness’s cottage at Blackrock for a little more than two months. About 7.30 witness arrived home and retired at 10.30. Mrs. Haeata. witness and, his two daughters, aged 16 and IS years, occupied the house that night. Witness rose early and left the stable for town about 3.30 a.m.

When about three chains from the stable a voice called, “Pull up, Kenrick,” and Haeata came running down one side of the orchard. Accused was then sitting on a gate, seven yards from witness and had a gun in his hand. Witness said: “Are you going to do it this time?’ ambaccused replied, “Yes.” Witness said, “Well, give me time,” and walked round the trap on the opposite side from accused. Witness took off his coat and walked up to the trap and faced accused. Witness said: “Make a good job while you are at it,” and accused took a long aim and fired. Witness moved a little, and tlm discharge whizzed past him and hit the splash-board. !The Jhorsc reared ujp, and as witness attempted to hold it he received a discharge of shot in the buttock. Witness than ran back to the house, and whileXrunning received another charge. He ran to the back door and into the sitting room. Accused then called in Maori to the two girls to leave the house, and then broke in the two window panes with his gun. The four imitates of the house went into the passage, and while there a further shot came through the front door and lodged in the wall beside witness ’s 1 younger daughter. Witness then got his own gun and waited in the bedroom for accused to show himself. Accused appeared at the broken window, and witness fired at him. Ten minutes later accused called out: “Come on, dim, and shako hands.” Witness thought accused was only coaxing, so remained inside. Accused then crawled through the window in the front room and asked witness to shoot him. Witness then found that he had wounded Haeata, and took him out on the verandah to wait for the doctor. Witness (to counsel): The accused had told Mr. Cameron before the shooting to shift witness off the place. He also instituted divorce proceedings and witness was cited early in January as co-respondent. Mr. Noble: When you met Haeata on the road you asked him to shake hands. Were you surprised that he would not? —No; but I had done him no harm. You had only taken his wife and broken up his home. —He forced his wife on to my hands. How did he do that?—-She came to my room. Is that true? —Yes. How many more women have forced themselves on you? His Honour: We can’t have that, Mr Noble. You can attempt to discredit his evidence, but not damage his reputation.

Mr. Noble: You asked him if he was going to shoot you?—l wanted it straight from himself, as I had heard it from others. You told us lie took careful aim, yet only one shot hit you in the eye; why did you tell Constable Phillips, at the hospital, that accused did not hit you? —I was fired at, all the same. At six yards he fire,d a shot-gun and one pellet hit you in the eye; is- that true? —Yes.

He could have shot you easily if he had wanted to? —I -suppose he could. His Honour: Why did you take off your hat and coat? —I don’t know, vo-ur Honour. I just plucked up, that’s all.

Mr Noble: Did you think it would be better to die with your hat off? Did you think you were going to be killed? —Ask the man with the gun. His Honour: You must answer the ouestion.

Mr. Noble: Didn’t yon think it was just a bluff to frighten you away?— Bluff? Hull! No bluff when he fired at six yards. The doctor says that only three shots hit you and none penetrated very deeply?—Yes. He was not threatening your life when you shot him? —No, but lie had his gun up. The doctor says you are not permanently disabled, but Haeata has half hi-s -arm blown off.—Don’t you think I am a lucky man? Counsel: Perhaps you are, Mr Kenrick. I would not like to say. Re-examined by Mr Burridge: You said accused forced his wife into your hands. What did you mean? —First of all she came to my room at shearing time about 10 o’clock -one evening. She woke me up. I told her to go bade. Haeata returned to any room with his wife, and said: “You hhd better leave things alone,” and -they both returned to their rooms.

His Honour: Do you wish to pursue the point. Air Burridge? It is common ground that Kenrick and accused’s wife w r cre living in adultery. Air Noble: I do not wish to pursue it, your Honour; only witness has said that accused forced his wife on to him, and now this statement of accused while in Kenriclc’s bedroom contradicts that statement.

Elizabeth Kenrick, daughter of tho previous witness, detailed the account of the happenings on the night of February 3rd and the morning of February 4th. To Mr. Noble: Witness did not sec Ilaeata fire any shots. He could have shot into 1 the room when the lamp was alight, but waited till w'e went into the passage and then fired through the door.

Then he was firing at the door and not at anyone inside? —He knew w r e were inside.

He did not seem keen about killing ■anyone when he tired at the door? —I don’t know what his intention's were.

’ Alary Kenrick, the 16-year-old daughter of James Kenrick, corroborated the evidence of tier sister. On the night of the affray the four occupants of the house slept in the same room. When Haeata came into the front room ho put his arm around witness’s father’s neck and asked Kenrick to shoot him. Witness found three empty cartridge cases outside. To Mr Noble: I never saw Haeata fire at my father. The curtains on the window were parted and anyone outside could see anyone in tho room. The person firing from outside could not see auvone through the front door? —No.

Therefore, accused was not firing at your father?—l could not say. The Court adjourned at 9.50 p.m, till 9.30 a.m. to-day.