HEARING ENDS

Waikato Times, Volume 127, Issue 21157, 5 July 1940, Page 8

HEARING ENDS

MANSLAUGHTER CHARGE MAORI TO STAND TRIAL HINDU’S DEATH NEAR HUNTLY STATEMENT BY ACCUSED (Times Special Reporter) HUNTLY, Friday The hearing of the charge of manslaughter against John Kite, a Maori, aged 23, of Huntly, which was a sequel to the discovery of the body of a Hindu, Rama Khushal, in a swamp near Huntly on May 18, was concluded in the Huntly Police Court to-day. Kite was committed to the Supreme Court, Auckland, for trial. Mr W. H. Freeman, S.M., was on the Bench. Accused was represented by Mr George Skelton, of Auckland, and Mr V. R. Meredith, conducted the case for the Crown. Dr. Walter Gilmour, pathologist at the Auckland Hospital, said on resumption to-day that the left side of the Hindu’s forehead had lacterated vertical wounds about an inch long. There were several other lacerations on the face, and bruising on the left cheek. Vertical lacerations above the mouth were fairly deep and a number of teeth was knocked out. On the rest of the body there were a few minor injuries only. There was a small effusion of blood on the brain, which was congested. The lungs were congested and the stomach contained a quantity of dirty water. Witness was of the opinion that death was due to drowning. The wounds on the face were not sufficient to cause death and it was unlikely they would cause unconscious - ness. The wounds were consistent with blows from a blunt instrument and could have been caused by a boot. Death probably occurred between 11 p.m. on May 17 and 3 a.m. on May 18. Evidence of having found human bloodstrains on accused’s blazer and overcoat was given by Dr. Edgar Francis Fowler, Auckland. Statement by Accused Detective-Sergeant John Trethewey (Auckland) detailed various stages of the police investigations. In a conversation with the police a week after Rama’s death, Kite denied having any trouble with him. In reply to Detective-Sergeant P. N. Nalder he denied having blood on his overcoat after the visit to Rama’s, and said: “If you find Hindu blood on my overcoat then I kill Rama.” Detective-Sergeant Trethewey produced two statements made by accused on May 24 and May 28 respectively. In the first statement Kite admitted visiting Rama’s whare and drinking wine. He said he got “pretty full,” and said that the blood on his overcoat was received when he accidently hit his face on Rama’s door. The Hindu was all right when Kite left. Argument About Money In the second statement accused said he wished to correct his earlier explanation and tell the truth. “On the night of May 17,” the statement ran, “I went to Rama’s whare, as I said previously. I had given him 15s during the afternoon to get me some beer, and when the others left the hut that night I went back to get the beer or the return of the money. “Rama said he had not got the beer and would not give me my money. When he said that I got wild and he grabbed me, then I hit him on the chin with my fist. I was very wild and full with drinking, and I don’t know what happened after this. I did not get my money from him and I do not know what happened until I got back to the pa. Good Opinion of Hindu “I saw blood on the left sleeve of my coat and I knew I was in trouble. This blood must have come from Rama’s face when we were having a fight. When I got to Mrs Wiremu’s place and saw blood on my sleeve I knew I was in for trouble, and I told my sister. I was very sorry for hitting Rama. I always liked him. He was a good friend to the Maori, but when he did not give me my money I got muddled up. “I hit Rama with my hand and I do not remember hitting him with anything else. I can’t remember kicking him with the boot. I know an argument started in Rama’s whare but I do not remember where I hit him. When I heard that Rama was dead I knew that I had done it. I heard on Sunday morning that Rama was dead and I feel very sorry.” No Reply to Charge Accused was then told that he was being charged with the murder of Rama Khushal, and he just nodded his head, making no reply. Evidence given by Detective-Ser-geant P. J. Nalder was corroborative. Witness also stated that Kite stood six feet one inch and had worked in the bush before taking a job in the mines. The Hindu measured five feet six inches, was middleaged and was of frail physique. This closed the case for the Crown and, for accused, Mr Skelton pleaded not guilty and reserved defence. EVIDENCE YESTERDAY Giving evidence yesterday, Martin Brown, a Maori mine trucker, said that when he went back to Rama’s house after the others had left on the night of May 17, Kite asked Rama for another bottle of wine. Rama replied that he did not have any more. Witness asked Kite to go home, but accused pushed him to one side and would not listen. Kite was uncontrollable and witness was afraid of being struck by him. Accused’s sister, Rina Kite, a domestic, of Rangiriri. said that on the night of May 17 Rehua and Brown were away from Mrs Wiremu’s house for about an hour when they went to Rama’s hut. Kite was still another hour later. When he returned he told her that the Hindu had kept some of his money. Accused told her that he had hit Rama and he cried a little just before he told her. He said he hit Rama with his hand and he also asked her to wash the blood off his coat. She told him

that it was wrong to hit Rama, and she washed the blood off his coatDiscovery of Body Lordy Waikato, a 15-year-old ' Maori farmhand, of Waahi, said his sister was married to Rama, but they row lived apart. Witness worked for Mr Northmore on whose property Rama lived, and when he went to the Hindu’s hut on May 18 there was no one there. In the afternoon he and Maxwell Northmore brought the cows in, and witness saw something black near the swamp. He did not go near it. . Evidence of having discovered Khushal’s body was given by Max- ' well Northmore, who said that the Hindu lived on his father’s property for about eight years. When Rama first came to the district he used to collect bottles with a horse and cart. He was very thin and frail, and was not healthy. When witness met Lordy Waikato on the afternoon of May 18 his attention was called to a black object near the swamp. When he visited the spot later he saw the body of the Hindu lying partly submerged in about a foot of water. The police were then notified. Human Teeth Found The injuries on the Hindu’s body were described by Sergeant P. Geraghty (Huntly), who said the face was under water. It was 75 yards from the Hindu’s hut to where the body was found. The injuries to the lace were severe. On May 19, about 40 feet from where the body was found, witness discovered eight human teeth with fresh blood and flesh on them. Four of them were joined together. Witness knew that teeth were missing from Khushal’s mouth. Patches of blood were found nearby.