SUPREME COURT

Waikato Times, Volume 88, Issue 13449, 30 March 1917, Page 4

SUPREME COURT

SITTING AT HAMILTON.

The hearing of the perjury charges in connection with the Rua trial at Auckland was continued at tho Supreme Court yesterday before his Honor Mr JusticeHosking. Mr Selwyn .Mays appeared for the Crown.

The witness, Taliu Hirawano, was further crosf-e. •)uinccl by Mr Mays relative to the circumstances of the Court proceedings at Rotorua when witness was charged with perjury. Witaess alleged that the police endeavoured to have Mr Harron appear as his solicitor. Mr Carter appeared for witness. When the man on the black horse fired he placed the revolver in a pocket in tho saddle, but he may have placed it in the case on the belt round his bodv.

Witness protested that the present line of questions be disbanded. He alleged that the object was to catch him, and bring it up against him at some future time. He was only going to confine himself to his statement in regard to the man on the black horse, as that incident stood out most clearly in his mind.

Hakimctc, a female native, said that uhe possessed two guns at her own •ettlement, which was some 40 miles from Maungapohutu. The police* took possession of them. After the Rotorua police arrived they took hold of Rua's body, and blew off their guns at the Maoris. Witness heard the explosion of the first shot. She was about three or four yards from the man who exploded that shot. The man aimed in the direction of where Kua was. Toko was there then, but ran away, and the police began to shoot the fugitives. The second shot came from the police. Asked if she knew the man who fired the first shot witness replied that she knew the man who rode the black horse; there was no doubt in her mind about it. He used a short gun.

Cross-examined : Tho horse jumped when the man fired, and the man tried to strike some of those being arrested. He then went up the Gisborne track. At the time of the shot the man had a belt and holster like the one produced At the time of the explosion of the gun there other rider on the embankment.

Asked by Mr Mays if she could point out the man who fired the shot witness replied that he was not in Court. Constable Skinner then entered, and witness said, "This is the man." He had been pointed out to her at the Supreme Court, Auckland. To Mr Lundon: Rua's teaching was all for good. He made suitable selections from the Bibie, and chose those which went godd. Makarana said that the first shot was fired when Rua fell over the embankment. He saw distinctly who fired that shot. He first became aware of the name of the man who fired the first shot oa the sth April. Constable Keepa told him. In November Inst witness was arrested by the police. He left his wife and children in a tent which was often deluged with rain. It was explained to him that he was ar. rested for perjury at Auckland, and he said that if he was to be arrested for his truthful statements then others would te taken also. Witness said he was awakened during the night by Keepa, who said that if he would vary his statement then he would be saved from ensuing trouble. Keepa also said that the sergeant wished him to make a different statement in regard to the trouble, and advised him to state that he had been instructed by his lawyer to make such statement, or that he had made a mistake. Witness said that what he had stated in Auckland he had stated before God and man, and if he had to go down he would go down on these statements. Witness proceeded to state that he was told by Keepa that it would be necessary for him to go before the sergeant, who would take a written statement from him. Witness went to the station with Keepa. They said if he did nt>t agree to the change they would have time to get a number of police witnesses at the trial. On the way back to the cell Keepa said, "Sleep, sleep, and dream if you cannot see your way clear to make a different statement when it comes to the question of the Court." (Laughter.) Witness turned on Keepa and said, "You go and sleep." (Laughter.) His Honor: Nothing worse? Witness proceeded to relate another interview with Keepa, who suggested his (Keepa's) lawyer as a strong man, and the best in Whakatane. Witness said that Mr Lundon was his lawyer, to which Keepa replied, "Lundon is in gaol, Carter is in gaol." (Laughter.) Witness next related an interview with Constable Cummings at Whakatane. Constable Keepa said, "This constable, because of his love and affection fcr yon, desires you to shape jour evidence thus: If you can see your way clear to so change your evidence that it will differ from the statement made by you then Constable Cummings will provide ycu with a document which will be the means of securing leniency." Constable Keepa, acting as interpreter for Constable Cummings, also said that, "I should state that what I had stated at the Supreme Court, Auckland, had been givenTne by my lawyers, or that'l should say I had made a mistake." Cummings also > B aid if I altered my statement I should be let out on probation." Witness was further examined in regard to hearing a telephone message sent by "Constable Skinner at Rotorua to Mr Harron at Whakatane, stating that he, Makarana, desired his services.

Witness, under cross-examination, said that he had acted as llua's secretary, and also for the tribes. Witness said that there was a big meeting at Maungapohutu when Mr David London and Mr Carter came up. Mr Mays: Did one native make a recital of all the things that had happened at Maungapohutu on the 2nd April, and was that taken down? • Witness: Tore Biddle was that man, and Mr Carter took the statements down. They ir.ade statement which would agree with that of Tore Biddle's that they could speak for themselves Mr Mays: Was that how the genaral brief for the de'enee was prepared ? Witness: Each man spoke as tu hii own individual knowledge of the parts. 1 spoke as to the general truth of what Biddle had recited.

Mr Mas: Next morning was the evidence of the women taken in a similar way? Witness: Yes; all they had to say was taken down, and a map of the locality plotted.

Mr Mays: Were you present at meetings held at the Maori hostelry when Wi Hape and others were there ?

Witness* Yes. Mr Mays: Were these meetings held to dis'uss the evidence to be given at the trial the next day? Witness: No; so far as I know the meetings were not held in order that evidence should be pre-arranged. Mr Mays: What were they held for? Witness: In order that a conferone!* should be held to enter into aspects of the Rua trial. j

Mr Mays: Did you, during the course of the Rua trial, point cut Constable Skinner to various witnesses as the man who fired the first shot? Witness: I did not. Mr Mays: Did you not point him out to Hauwaho? Witness: No,

TO-DAY'S PROCEEDINGS. When the Court resumed this morning the witness, Makarama, was further cross-examined by Mr Mays. Witness was also re-examined by Mr Lundon. Witness said that some of the elders objected to Tore Biddle being the spokesman at the Maungapohutu meeti"g because they were suspicious of him J knowing him to be possessed of an evil ™ mind. At that time they knew nothing about the subsequent charges against the natives. Statement by Mr Carter. N. A. Carter said he was a solicitor practising at Rotorua. He attended the preliminary hearing of the Rua trial at the invitation of Mr Lundon. What lie did then he did free. Later it was suggested that a visit to Maungapohutu would be necessary. He visited Maungapohutu in company with Mr David Lundon. The latter was a J.P., and coujd understand Maori. Biddle and Makarama went with them. Previous to this he had no knowledge of th ise from the native point of view. 1, ,*t morning they were shown over the scene of the conflict. At his suggestion the scene was dramatised, Biddle representing Rua, and the other incidents enacted. Witness took photographs and measurements, and the different points were indicated, including the place where it was said the first shot was fired. All the natives there could see the spot, and were highly interested in the proceedings. The natives who could state where they had stood went to that particular place, and stood there again. Visited Kingi, and got a statement from him. Through Mr D. Lundon he suggested that all the natives should meet and select one to act as spokesman, and tell the events of the day, 2nd April, and that we wanted nothing but the truth. Biddle was Belected, and he spoke for about two hours. Others also spoke. Mr Lundon interpreted and witness wrote it down. AH present were invited to sign. Some did so that evening, others next morning. Next morning some native women who had not been at the previous meeting were also got together; and made a statement which they signed. This referred to their own experiences. At the end of last year some natives were arrested in connection with the trial. Witness wrote to Mr Lundon on the 27th November, and witness was instructed to represent these men at Rotorua for Mr Lundon before the Magistrate. Witness presented himself more than once at the police station, Rotorua, to get an interview with the natives charged, but he was refused. Witness had also been instructed by relatives of accused to ap- , pear for them all, except Biddle, but was again refused. He tried again in company with Webber, but Sergeant Cummings said, "You won't see.them." Witness also wired the Minister of Justice for leave to see them, and was informed that his complaint had been forwarded to the Attorney-General. Witness then.wrote the Minister of Justice, and received a reply to the effect that from a report furnished him the natives had engaged another solicitor, and declined to see witness. He had been unable to find out who had furnished the report, or the names of the natives who made the statement. Had been unable to see any of the natives until they were brought into Court. Tutara said in Court that he wanted witness, and witness had an interview with him. Witness* appeared for Tutara and Tioke. Witness also interviewed Makarama. It had been arranged by Harron that witness should interview ' Mahia, but he was refused two or Three times, the reason being given that Mr Harron did not wish it. Harron, later, said that witness was wrong in endeavouring to get the interview; he (Harron) did not understand it that way.- Witness had" received a reply from the Attorney-General to the effect that the matter of the refusal had been referred to the Commissioner of Police to institute an inquiry and furnish a report thereon.

Mr Lu^don: Has there been an arrangement between yourself and Mr Mays that I should be kept out of it? Witness: By innuendo and representations made by Mr Harron. Counsel was proceeding when his Honor said that he refused to go into the matter of a triangular dispute between solicitors. He would only deal with the case affecting the natives;