SUPREME COURT

Waikato Times, Volume 88, Issue 13447, 28 March 1917, Page 4

SUPREME COURT

SITTING AT HAMILTON. The hearing of the perjury charges in connection with the llua trial at Auckland was continued at the Supreme Court yesterday before his Honor Mr JustieeHosking. Mr Selwyn Mays appeared for the Crown. After the luncheon adjournment Sub-Inspector Johnston was crossexamined by Mr Lundon. Previous to the cross-examination witness stai ■•! that he had had 40 years' experience in the police force. Mr Lundon: And is this the frst time you have seen natives rus.ied with leaded guns? Witness: 1 haven't seen them yet, Mr Lundon.

Witness continued to state that he had not seen the state of things as referred to by counsel. Previous to the trouble everything was peaceful, and there were no signs of trouble. In reply to further questions witness said that he had sworn that the first shot was fired simultaneous with Rua's rising to his feet. He denied making the statement as read by counsel. His Honor: I will not have these things cited up as truth. You have asked him the question, and he has given you his answer. Mr Lundon: Will you deny that in reply to Mr Tole you said "I was close to Kua's arrest; I saw no shot fired at that time?"

Witness: What I stated was that there was no shot fired from the bank at that time.

His Honor: These notes must not be cited as accurate.

Inspector Shechan, Auckland, also gave evidence confirming the previous evidence to the effect that Constable Skinner exchanged his revolver and belt for a rifle. At that time he was not aware that Sergeant Cassells received the revolver. Witness said that he was also riding a black horse. He described hovf he was dressed, and considered that no native could have mistaken him for Skinner. Did not hear or see any revolver discharged on the bank at the time. It would have been suicidal for any trained man to have don* so.

During the course of his crossexamination Mr Lundon used the words "endeavouring to prove." His Honor: There may be another meaning to that, and I object to that sort tf thing. I have a certain amount of common sense, Mr Lundon. Mr Lundon: 1 trust both of u s have, your Honor.

His Honor: You can go on with your case without implying that sort of thing.

Joan Cullen said that up to recently he had been Commissioner of the New Zealand police force. Witness derailed what was done when the force halted on the track. Hearing that Constable Skinner, being mounted, had no carbine he instructed him to hand over his revolver, belt, and pouch to Sergeant Cassells, Skinner taking the latter's carbine. This was done, under witness's own eyes. During Rua's arrest he heard a shot. That shot was fired from the bottom of the gully about 35 yards on his left. There were no police in that place at the time. About a minute after this a Maori ran up the hill from the locality where the shot had come, and disappeared in the scrub. The shot seemed to come from an automatic pistol, or something like it. When tiie shot rang out Skinner was on witness's left front. There was nolhing in Skinner's actions to justify the opinion that he had fired at ltua or at the native running away. It was an absolutely false statemnet to say that Skinner was seen to put his revolver back in the bolster.

Mr Lundon: Have you seen a single photograph of the police party showing no rifle on Skinner's back ? Witness: Show me the photograph, and I'll tell you. Argument followed on the question of putting in photos, but his Honor said that no photograph could be put in without the plates. He would not permit of these photographs being so used.

Witness did not say, "Don't fire, the man is unarmed," nor did he Bay, "don't fire, he is surrendering." All he said was, "Don't fire." The constable (Jarrold) then put down bis carinbe. Witnesg was cross-examined as to the relative times of the Pukepuke and Horomona incidents. Witness said that he was not concerned with other people's evidence, he was only relating what had come under his own observation. Witness said that he had not seen Cobbledick, and could not say anything about his statement in regard to the position of Skinner at the time of the first shot. Witness instructed the police to frog-march Rua when he heard the latter would not walk. Re-examined: I fully expected that the natives would open fire on us as soon as Rua was arrested—and thev did. Constable Skinner, re-called, said that the article in his hand in the photograph (produced) wa s a hunting crop, and not a revolver. He had not used the crop on Horomona* Witness explained that he had brought the crop in substitution for his baton. Mr Lundon: Is Cobbledick's evidence correct that you were away at the end of the bank when the first shot was fired? Witness: Cobbledick's recollection is much clearer. I cannot say as to the exact spot where I was. Further questions were asked which caused his Honor to remark, "What is the use of trying to thrash straw which has already been thrashed?" This closed the case for the Crown.

TO-DAY'S SITTING. When the Court sat this morning Mr London addressed the jury in opening the case for the defence. Counsel said that it was his duty at the present time to present such evidence as was available in support of prisoner's story, which he would relate to the jury as to who fired the first shot. Counsel suhmittej that, in the circumstances, any man, l.e he white, brown or black, war, under extrcrce disadvantage in attempting >o answer any isolaied fact or statement. At the conclusion of the Rua trial Mr Justice Chapman had stated "that hem first to last, during the whole clays, there were battalions of witnesses on both sides who contradicted everyone else in every essential particular." Counsel enlarged upon, the difficulties prisoners were under in connection with the present charges, and referred to the statements made in Court in regard to the raising of large sums of money by the Maoris for the defence. Counsel said that not one penny piece had been paid by or on behalf of the prisoner in the dock. Counsel referred at length to the circumstances of the Rua arrest and trial, submitting that a public inquiry untrammelled by legal procedure, should be made into the whole affair, and he alleged that the present proceedings had only been instituted with a view of poisoning the public mind in that connection. Counsel proceeded to refer to the shooting of two Maoris, when his Honcr said that they could not go into all these mattersr— they were quite new to him. Counsel replied that be referred to these matters to show that the police . story was not to be relied on. He also

ielerred at considerable length to the fact that the trial had been held in Auckland, and alleged that Mr Mays had had enough of Auckland, and had "got these men committed to Hamilton." Mr Mays interjected that such a statement "was absolutely and deliberately untrue." Counsel then outlined the evidence lie intended to call, and made reference Jo the principles which governed the law bearing upon perjury. Prisoner's Statement. Prisoner was the first witness for the deience. Witness said that Rua directed that food should be supplied for the police who had already arrived. He did not invite them to stay at the Pa, but said they should cainp~dow n at the creek. When witness came up from the fire place where he had been cooking for the police he was arrested. He first saw Kua at the starting point of the Gisborne track. He saw Kua attack, d by tlie police who put handcuffs on him. He heard a gun tired; he was then near the kitchen—about six or eight feet away. The man on the black Horse fired that shot; that man was then near Kua, and he fired the shot from a small revolver. At that time foko was running towards witness. " hen the shot went off Kua was under arrest. He (witness) was then arrested. When the revolver was fired it was returned to its receptacle. The revolver was substituted for something like the handle of a whip, with an enlarged end. The constable then struck Horomona, who had done nothing. He did not see any policeman tackling Tioke, or any incident after that of Horomona as he was then arrested. Toko ran down into the gully, and was lost to his view. At that time no Maori had a gun, with the exception of the one seized from the police. Kua had isseud instructions that they were to remain quiescent and that they were to do nothing to irritate anyone. The Maoris obeyed these instructions. Witness said he was not taken. He ran to the lockup. (Laughter). Four natives went there first. He could not count the number of policemen. (Laughter). The form of the arrest was this: "0 Connor told me I was arrested, and to run across to the lock-up, and I did it. (Laughter.) He put his hands on me, relieved me of my knife, and then told me to scuttle to the lock-up." He asked Constable Keepa who the man on the black horse was, and he told him that it was Constable Skinner. He recollected being arrested on the present charge by Constable Keepa. Tne latter did not arrest witness opcause he (witness) went to him. Keepa asked him, 'Do you know why you Bre arrested." Witness replied "No." After they had been sitting some time he said to Keepa, "You have brought this on me, Keepa." Keepa said, "No, I have not brought any injury to you, you cannot be hurt by any thing I did. It's your own fault; if you had stated that some other man had fired the revolver you may have been justified, but when you said it was this man fired it then that was where you erred." Witness replied that he could not vary his statement. Witness had not been persuaded by anyone to tell an untruth. What he had stated at Auckland was true.

Cross-examined: Witness was a follower of Rua and wished to help him, but he had spoken the truth. Witness was asked how it was that if Skinner fired the shot Rua or some of the constables had not been hit, and replied that he could only make a statement in regard to the jumping of the horse. He could not say whether Skinner pointed the revolver at Rua—he only heard the report, and saw the horse! jump. Witness said that he swore that Skinner returned the revolver to its pouch, which was on the belt around Skinner's body. The pouch was on the right side. There were other persons there when the first shot was fired, but he could not identify them. (Proceeding.) ,