CORONER'S INQUEST ON THE BODIES OF THE OFFICERS AND SOLDIERS MURDERED BY THE NATIVES.

Wellington Independent, Volume XVIII, Issue 1876, 2 June 1863, Page 3

CORONER'S INQUEST ON THE BODIES OF THE OFFICERS AND SOLDIERS MURDERED BY THE NATIVES.

The proceedings were opened at the Military Hospital, Al.ii'sland Hill, on Tuesday, stli May, before J. Flight, Esq., J.P., Coroner. The following 1 gentlemen were sworn in as a jury: — Mr F. U. Gleihill, foreman ; Messrs W. M. Burton, F. Windsor, A. S. Atkinson, J Knight, W. K. Uulke, B. Middleton, H. Wright, J Pearee, R. Pitcairn, W. Bayly, J. Colesby. Mr Fenton watched tlie cisc on behalf of the Crown during the first day, The proceeding's began in the usual way by viewing the bodies — a most painful and ghastly sight. After the bodies had been identified by James Hill, Hospital Sergeant, and the evidence of Dr Mackinnon taken as to the nature of the wounds, W. Birkensliaiv, was called, who on being sworn, stated that he was a corporal in tlie Land Transport Corps, and on Monday' 4th May, was in charge of the carts that were going from Poutoko to Tataraimaka. The escoit consisted of four men and a corporal, there were two drivers to each dray, which with himself made five, or a party in all of ten While on the beach about a mile beyond the river Oakura, be saw the other escort coming from Tataraimaka ; when they were about 800 yards from him, heard a volley fired from the bank ; saw the splash of the balls in the water ; they came from inland of where the men were ; immediately afterwards saw two soldiers lying wounded or dead on the beacb. He further stated that a native oh the beach fired at him at a distance of 30 yards, and that his party abandoned the two drays, one of which with six bullocks were taken possession of by the natives, Stephen Hartingan, who was also with this parly, gave similar evidence, the only points on which he was more explicit being; as follows : — " When we were within 900 yards of each other I heard a volley, in about half si second a second volley. I saw the men fulling. 1 saw smoke coming out of the bush. Saw a native afterwards drive away one of the drays. Met Captain Short's paity, and went back with them to where the bodies lay ; theie were eight — some stripped, some dressed, some with even their socks and boots taken off." Timothy Donavau, a private in the Comtnismissariat Transport Corps, confirmed the testimony of the preceding witnesses. • The remainder of the evidence is of so important a character that we give it in full. J&obert Parris sworn said: I am Assistant Native Secretary. I know nothing myself of the death of the parties before mentioned. I was at Poutoko pa on Monday, 27th April. As I was leaving town I saw Mr Fleming, who accompanied or followed me, so far as I remember, at Poutoko. On arriving at the redoubt he asked me whether it was safe for him to proceed to Tataraimaka. I 'told him, from ii repon I had heard on the previous dfy, I was afraid it was not Siife. I do:>'t remember thai I cautioned any other person that day. I have answered on my oath. The repon that I alluded to was that the natives had threatened to do something, but what I could notexactlyhay ; they had threatened to commence hostilities. To native reports a good deal of uncertainty always attaches ; but at the moment in questiou I considered it my duty to go to the distiict on account of that report. I went of my own accord ; I was not requested to do so. On account of the reports I had heard I could not at all tell what was likely to take place. I thought it possible that hostilities might commence that day as it had been threatened by reports I had received. I could not tell how they would commence. It was quite possible that, they might commence hos tilnies by murdering Mr Fleming. I did think the natives might commence hostilities by murdering Mr Fieming if he went on to Tutaraiinaka. Whilst I was at the Poutoko looking towards the beach oppposite Wairuu in company with Captain Greaves we saw some one riding on horseback along the beach coming towards the Poutoko, which proved to be Wm. Newland. . WJien be arrived at the Poutoko, I asked him if he had seen any natives. He replied, yes; I saw rive or six at Wairau. I asked him if they had interfered with him or said anything to him. He replied they said •• teoa koe," that was all. I don't lemember any further conversation with Wm. Neivland on the day in question, or further seeing him. I don't remember making any remark lo him of the danger he had escaped on the day in question. A day or two afterwards I said to Wm. Newland in the town ; I think you had a very nairow escape of your life; we have heard that ambuscades had been planted emly in the morning ; and that they had retired to the ranges a short time before you came up, When I used the word ' we' I spoke of peisons generally in the town. By Mr Atkinson : Did you communicate to any member of his Excellency's the information upon which you thought it your duty to go down to the Pontoko on the 27th April, cautioning persons not to go on to Tataraimaka?— l decline answering that question. It is my duty to state to the jury that I am directed by the Government not to answer auj questions respecting any communications with the Government. By Mr Gledhill : Do you know whether the authorities had been informed of tlie intention of the natives to murder any persons passing to Tataraimaka i' — I decline to answer that question. Examination continued; I was not aware directly or indirectly on the morning in question whether there were ambuscades lying. Taranaki aud Ngatimanui natives have been in aims against the Government

during the last war. I don't know that terras of peace have been offered to these natives and that they ha^e accepted them. lam not aware that any other terms have been offered to them hut those offered by Colonel Browne himself. lam not aware that they were accepted. lam not aware thrt any proclamation of peace has been marie since the outbreak of 1860. On Sunday, 26ih April I received two letters from Waitara, from Teira and Ihaia, stating they had heard a report that the Southern nntives intended commencing hos'r tilities on the following day (Monday); they told me that they were informed by Hone Wetere on the Saturday as they were returning from town, and requested me, should I hear anything 1 more about it, to let them know early on the following morning. I received the letter between 1 and 2 o'clock ; I went immediately to the Henui to look for Hone Wetere to inquire if he thought it was correct that he hdd stated to the Waitara natives the previous day that hostilities would commence on the Monday following. He stated that it I was correct that he had heard the report. I went to Waitara the same evening (Sunday) ; in consequence of that report I went to the Poutoko on the following morning. llopita Ngnrongomate, oh his oath, said as follows — (W. S. Atkinson interpreting) : lam a native of Poutoko. On the morning of Monday last I wished to come to town. Monday, 4th May, I tf°t on my horse. The young man named Heretini came. He said" the carts belonging to the Europeans had been stopped. I asked him were had they been stoppe I ? He replied "at Wairau." I asked, did you actually see it ? "It was the soldiers who turned me hack; I met them at ihe Kahakaha." I asked him whrt did you go for? He said 'to fetch the horse.' I did not get the horse because the soldiers stopped me, and I came back to biing the news to you." I then came on to the camp at this side of the Poutoko. I did not see the commanding officer. I saw an officer of inferior rank (Picot). I said to him be quick and inform the commander that the carts had been stopped. He asked me are they really stopped. I replied yes, the young 1 man tells me so, and the soldiers are coming back. I knew nothing of the 'leaths of these persons. All I know was that three ambuscides were planted the week before at Oao, at Wairau, and at Kahakaha. lam in the habit of giving information to the Native department. I did give information of those three ambuscades to Mr Parris and Mr Bell. I gave that information to them on Monday week last. The reason for planting ambuscades is to commit murj tier. I knew nothing of the ambuscade planted on Monday last— that is, the one where these white people were killed. In answer to my report to Mr Bell and Mr Parris, Mr Bell said nothing, and Mr Parris said, ' that is correct, be careful.' I then said to Mr Parris, 'be ex ceedingly cautious.' Mr Bell was not present when I told Mr Parris to be exceedingly cau tious. The natives that formed the ambuscade I gave notice of, to the best of my belief, belong to the Taranakis and Ngatiruanuis. There are no persons living, at the place where the men were killed. A little beyond the place where the pakehas were killed there are two whares belonging to Taituha. I can't say whether any persons were livingtjjhere on Monday last. To the best of my belief Taituha and others belonging to the whares before mentioned were mixed up with the former ambush and also the latter one by which the men were killed. Ido not know of my own knowledge the numbers that were in the first and latter ambuscade, Charles Brown • I am Superintendent of this Province. I had communicated with the General Government on the state of this Proviuce with regard to danger fvom the natives. Last Sunday week (April 25), an account of the reports I bad heard a<id which I believed to be well founded, I wrote to the honble the Colonial Secretary that reports were in circulation to the effect that the natives intended to resume hostilities the following day, and that as I had no means of ascertaining the truth of these reports, I felt it my duty to ask him to give the earliest information wlieu it would be necessary to inform the out-lying settlers and road parties to come in. I have received no answer since that communication beyond a general authority within the last two days to engage any accommodation that might be necessary for families citning into town. Prior to that, I rode out last Monday week to warn privately the Mangorei settlers that I did not believe it would be safe for them to remain there, that I had applied for an official intimation of when it be unsafe for them, but the official reply might arrive too late to be of any service to them. At the same time the out-lying road parties of Europeans and Natives at work on the site of the proposed German settlement some miles inland were warned in without my knowledge by a native messenger sent by the natives, and were met on their way to town by Captain Stapp, whom I had sent t.) warn them; that road party started again last Monday und were again brought in ; the \nnn were willing to go, and therefore they went, both natives and Europeans ; they were permitted to go by me, I did not order them. I had received no official communication warning me ftot to send them. I have received no official information that the proclamation of martial law made in the Province in the mouth of February or March 1860 has been revoked. I did receive a communication from the Govenunent about six weeks ago informing me that on the Provincial Government passing a certain law, a proclamation revoking martial law would be issued— a step which his Excellency considered highly desirable. Such a law has been passed ani transmitted to the General Government about a fortnight ago, but no proclamation revoking martial law has been issued. I believe the title of the Ordinance to be the Appropriation of Military Sites Ordi. nance. I can state that I have been for years on very good terms with the Ngatiruanui natives, and about a mouth ago I received a second message from that tribe, that what cattle of mine they had seized should be returned as soon as existing difficulties were settled. I then proposed to visit the tribe by the mountain road, when after some hesitation the msssenger told me that until existing difficulties were settled it would not be safe for me to do so. I made this statement to his Excellency a day or two after it occurred. His Excellency remarked the natives had a custo.n of balancing an outstanding accountby killingauy man who came in their (way. I said I had no wish to balance the account in that svay. Florence Kelly sworn : I am a private in the '57th llegt. On Monday morning 4th May left Tataraimaka in company with the deceased — Color-Sergt. iilleis Was in command, Sergeant Hill was to give evidence against Win, Banks, a prisoner, who was coming iuto town to be tried by a court-martial; there were four privates No. 7 and myself of No. 1. Dr Hope and Lieut. Tragett overtook jus on the road and got ahead of us for a good start. They proceeded on the beach and we followed about 200 yards behind, and then they went very slowly and we came up with them gradually until we came up within about 30 yards of them; ;they made a dead halt at a stream. We then came up to within about five yards of them, and presently there was a shot lired from the bank ; the shot came from behind a bunch of fern. I looked round on the occasion, Serge Ellers and Sergt. Hill were then in the rear of me ; asked Sergt. : Ellers if his (ivelock had went off accidentally ; he told me it had not. The question was hardly > asked and answered when a second shot was i repeated, at. which Sergt. Ellers fell prostrate t on the ground. £ then knew that as none of

our own had went off, it must be Maoris, so I capped my own and fired in the direction 1 saw the shot fired that killed Sergt. Elleis. The next thing I perceived was Sergt. Hill lying prostrate on the ground too. After the second shot was lired there was a succession of shots from the Maoris. I then locked to my left and perceived Dr Hope lying also prostrate in the stream. On that occasion Lieut. Tragett dismounted his horse and joined the party which wa3 filing. Private Rya.n, No. 7 company went a few paces to the front and then to the rear and sang onl ' murder,' I then told him to cease crying, or words to that effect, and to commence firing at the Maoris which he done. I turned round and saw Private Flynn doing nothing; asked him why he did not load and fire : he told me he was not able— his left arm was broke by a shot. I then told Lieut. Tragett to take Private Flynn's accoutrements and firelock and commence firing; he had no arms himself hadn't Lieut. Tragett. There was one man who I lost sight of — I knew he %as there— told me nothing about it whether he was dead or wounded. Private Banks was lying on the ground apparently wounded in the breast. He pointed out to me several times whilst he was lying on the ground the Maori that was keeping up the constant fire. At that time there were only three apparently living, including myself. Lieut. Tragett was wounded in the left arm ; he gave me the handkerchief which he held round his wound ; I put it on top of my bayonet as a flag of truce— Private Kelly doing the same with ray handkerchief; we had flags of truce flying for about ten seconds under the fire of the Maoris they appeared to tike no notice of the flag, on j which Private Kelly and I knelt down again j and commenced firing. I looked round then and perceived Lieut. Tragett lying also on the' ground, apparently dead. Lieut. Tragett asked me before he did die what we should do. I told him it was best for us to retire while there were yet three of us living. He answered he could not retire and leave the wounded on j the heach. I told him it was useless in us ! remaining to protect them — that our lives would only be sacrificed too; when I see he was not inclined to retire I also remained and abided mv fate. After the death of Private Kelly, did not fire any more, but said it w;is useless firing any more. When the flags of trace were hoisted, the Maoris taking no notice of our flags, I commenced firing again. Private Kelly checked me for doing so, and said I should not fire while a fhg of truce was up. I told him it was useless holding up a flig of truce and no attention paid to it. After firing a short time myself, Private Kelly got a second wound which he sank under, When I see the lust man dead but myself, I thought I would make som<; desperate effort to save my own life. While loading my firelock, a Maori stooped over the edge of the sand hill and was taking away Sergt. Hill's firelock I think it was. I was then loaded and capped ; I fired at the Maori and shot him: two other Maoris took away the man I shot down, on which occasion I took my firelock and bayonet and ran to the rear, closely followed by the Maoris ; they were yelling and shouting after me and firing, on which I turned round to fire and perceiveri a number of Maoris, about 20, on the beach over the dead, and 10 or 11 following me. I threw off my pouch-belt, tookj ten rounds of ammunition out of it an.l then thiew the pouch into the sea. I also took off my haversack, waist belt and small pouch and throwed them also iuto the sea. There was same flax tying my boots which broke, so I . took my boots off and threw them away. After going about 400 yards on the beach the Maoris gave up the chase. I threw myself into some long fern to hide, for I was exhausted from running. I remained there till the escoit came down from St George's redoubt at Tataraimaka. When , I see a Maori trying to outflank me in order to get a drive at \ne, I presented my firelock, on which he hid. The greatest number of Maoris I saw was between 30 and 40. The party that followed me fired .at me and I at them. I was myself wounded in the thigh before I left the dead. Private Kelly told me j before he fell that he had been in many a field and fight, but he had never been so hemmed in before. The first man that fired at us was not five yards away ; his first shot did no harm ; his second killed "Sergt. Ellers; the furthest was not more than 20 yards away ; from the first five to the last was about 25 minutes. I saw a party ahead on the beacli ; if they had been friends they might have come up ; I thought they were Maoris shoving a canoe off ; I did not see anything 1 of the escort from Poutoko. The seven forming the escort were armed ; Lieut. Tragett was not armed, nor Dr Hope ; hut if he had had any ha would not have had time to use them, as he fell at once ; they were in regimentals. I was lying about two hours hid.