TRIAL OF HIROKI FOR MURDER.

Globe, Volume XXIII, Issue 2384, 23 November 1881, Page 3

TRIAL OF HIROKI FOR MURDER.

[PEESS ASSOCIATION- TF.r.r.GRAJI.I NEW PLYMOUTH, November 22. Hiroki was brought up on remand at the Police Court to-day, when the E.M. and tho same Justices presided. De Genes Fraser deposed—l am a Government surveyor. I remember a man named John McLean being killed three years ago. I saw his body between the 17th and 19th of September, 1878. I was engaged upon the survey of the Momahaka block. I was acquainted with deceased for about six months previously. He had been for the whole of that time on my survey party, and latterly acted as cook. I went out with a cadet to do some work at 8 a.m. on Thnrsday. I saw McLean at breakfast when I left. I returned between 3 and i o'clock p.m. From what the cadet said I went out and looked over a bank, and saw tho body of deceased lying f ice downwards. The upper part of his body was lying in water, but the other part was dry. He appeared to have pitched forward into the stream. This was at the place we used to pet water from for our camp. Tho bank was about 30ft. high and very steep. We had a narrow track leading down to the water. McLean used to go down the track for water. The body was lying at the end of the path where it came to the water's edge. We were camped on a small clearing, but there was bush on the opposite side of tho creek. There was standing bush within a chain of where the body lay, both up and down the stream. The cook-house was tabout half a chain away from the path. A man could be concealed in the bush close to the path. When I saw the bodv I ran down with my cadet (Eichard Bnrch) and pulled the body ont. There was about two or three feet of water in the stream where the body was lying. The head and shoulders were floating in the water, and the lower part of the body was resting on the bank. Noticed McLean's hat. It was lying partially under him in the water. A hand bucket was also lying under deceased's chest. The body was quite cold, but not at all stiff. We dragged the body up the bank. Deceased was dressed with trousers, Crimean shirt, boots and a military belt. I noticed a wound on the left side of the body. jThere was a cut of about two inches in his shirt. In getting the body to the top of the bank I noticed a swelling below the right temple. Noticed some blood on the right ear. I got one of the flies off the tent and covered the body over. I then sent the cadet to the other men,

who were working two or three miles away, to tell them of what had happened. I afterwards rode to Waverley, and gave information to the police. Went back to the camp with a constable immediately afterwards, and saw the body lying in the same position as when I left it. The constable took possession of the body. I was present at the inqnest held on the Saturday following and gave evidence. There were four men on the survey party besides my3elf. I was in charge of the party. The camp was between five and six miles from Waverley, Williamson's house was the nearest, and that was abont 1\ miles away. Vo not think there were any Europeans working within a mile of where we were. There was a Maori pah within two miles of the camp. We been working close to the pah, but there were no Maoris there when I was near it. I saw two or three Maoris at a trig station near on the day McLean was killed. They were sitting down at the trig station looking at us. Prisoner was not one of those Natives. Saw an old Maori about a mile further on the same day, but saw no others. None of the Maoris had firearms that I saw. Maoris very often visited our camp. Have seen prisoner at the camp several times. There was a donblebarrellod gnn and a rifle in the camp. After I found the body I went to the tent and examined tho guns, and both were in their places clean. Inoticed some blankets and sheet or a counterpane lying outside the tent belonging to Barclay. I had heard of a quarrel between some of the liien in my camp and tho Natives. The only quarrel that I know of aniouglthe men iu campjwas between two, M'Lean and his brother at Waverly. The Maoris had not in any way impeded my survey. We sometimes shot wild pigs for food. Hiroki never complained to me about shooting the pigs. By a Justice—John M'Lean was alone in the camp during the day. The other men were working at some distance from the camp. Hiroki—Did ever you know any Natives to stop you at your work ? Witness—No.

Hiroki—Have yon any idea who killed M'Lean ras it a Maori or a European. Witness—l:do not know.

Adam Barclay, deposed— In September, 1873, I was engaged as ehainman to the last witness on the Momahaka block. The party consisted of Birch. J. M'l.ean, M. M'Lean, Fraser and myself. Johu M'Lean was cook to our party in September. The camp consisted of tents and a cook's whare. It was on the banks of the Momahaka creek. There'

was a Nativo track that led through the clearing where the camp |was. On Thursday, 19th September I left camp with Murdoch M'lJeau to go to work on the block, and we went two or three miles inland. We worked there all day and returned to the camp at 4.30 p.m., and arrived at about 6 p.m. Saw the body of John McLean lying nnder a fly of the tent. Just after I arrived. Constables Burrows and Fraser arrived. I found that the things in my tent had been disturbed. Found two of my blankets lying ontside the tent door. Half a pound of powder, some bullets (No. 17), aiid a sheet were also taken away. There "were fourteen sticks of tobacco in the tent, and I found two

sticks lying outside the tent. The sheet produced was taken out of my tent. I recognise it as having been made by myself. The bullets produced I believe are similar to what I lost. I know |>risoner. Ha I seen him at the camxi five or sixtinies at least. Have seen Hiroki wear a cap like the one produced. When Hiroki came to the camp he had always had a gun with him, generally a double-barrelled fowling piete. Oil one occasion I saw him with an Enfield rifle. About nine or ten days before the murder I saw Hiroki at the camp. I had a dog at the camp which used to eatcli wild pigs. This dog left me one day, and went and joined some Maoris who wera hunting pigs. From information I received, I accused Hiroki of killing my dog. He said he had not killed it, and would bring the dog back if he could find it. I told him I would summons him if he did not. This was the last time I saw Biroki, and I am not aware of any qinrrel between Hiroki and John McLean. I had a rifle in the camp, but it had been used during my absenco. Mr Birch had a fowling piece. Hiroki (to witness) —Do you know whether it was a Native or a European who shot McLean. Witness—No. Hiroki —Were the Natives ever quarrelling with" the men at camp ? Witness—No. John Barrow, the Waverley constable, deposed— On the 19th September, IS7S, in consequence of information received, I went to Fraser's survey camp at Momahaka creek. I went in company with Friser, and we arrived at the camp at 5.-55 p.m. I saw the body of John McLean. I examined the body and found a wound on the left side. Turned the body over and observed blood in the right ear, and a swelling just above tho ear. We moved the body into a tent, and on the following day it was moved to Waverley. Prior to moviug the body we searched for strange foot prints, but could not find any. The ground was very hard. I took charge of the bullot which was produced at the inquest. The bullet produced is the same. I have seen Hiroki wear a cap exactly similar to the one now produced. Hiroki (to witness) —Do you really know that cap to be mine ?

Winess —No; I cannot say it is yours. You wera wearing one of the same material. Hiroki—Do you know if those things (pointing to articles lying on the floor of the Court) belong to me ?

Witness—No. Hiroki—l deny that those things ever belonged to me.

Witness, re-examine*! —Six days afterwards I went with a party inland to search for the murderer. We went through the bush, starting from Waiternnni. On Thursday we discovered footprints of a naked foot and a dog. Following on those tracks there was a bullet, which we picked np. Francis Williamson deposed—l am a settler, and reside at Waitotara. In IS. b I knew Fraser's survey camp on the Momahaka creek. It was about two and a half miles from my honse. I had known prisoner for some time x>rior to IS7S He used to do work for in*. He resided at a pah about a mile and three quarters from Fraser's survey camp, About a week or ten days before the 19th September, IS7S, I had a conversation with the prisoner at Papatuku. He complained to me of the surveyors killing his pigs, and named M. McLean and John McLean. He said John MoLean was a bad man, for he had killed his pigs, which bore his mark upon them, lie said McLean told him he had bought pigs from me. Hiroki asked me if I bad sold the pigs to McLean, and I said " No. I had sold him beef and mutton, but no pigs." I told Hiroki if McLean had been stealing his pigs he had butter summons him. He said it would be no u.-e summoning, because they would ;,11 deny it and he would get nothiug. Hiroki said he would do some bad work in retaliation. In consequence of what he said, I cautioned the surveyors, for I understood that Hirokj would kill tlio Pakchas. Hiroki generally had a gnu with him, except when he was working. There were wild pigs about at this time, but they were nearly thinned out, as the Maoris wero frequently out hauling themselves.

Hiroki (to witness)—l never told you that the pigs the surveyors killed were mine. George Blake, a half-caste, deposed—l was asked aboi<t three years ago to search for the murderer of McLean. A Maori named Tomauui, of Wai.orauai, gave me the first clue. From information received from him, I searched about bis whare for footprints. Two of his party were very go&d trackers, aud I had some experience my .-elf in tracking. We found footprints of a man and a dog. About 30 1 yards from the whare we found these tracks first on a ridge, and after following the track we could not tell whether ho was going to Parihaka or Ngatimaru country, as there was a branch in tho track, We followed the foot prints until dark, and then we camped until the following day, when wo resumed the track. On the second day we came to a camping place where a fire had been lit. On the second day, aftor crossing a stream, one of the party picked up a bullet himilar to the one produced. It was given to Constable llurrows. V.'e continued on the trail until we reached Haw«ra. Wo pnshed on inland from Hawerauntil we reached Patoa rivor, to ascertain whether the track still continued to the Parihaka or Ngatiinarn, country,

We fotrad the tr.iek, and afterwards left it and. went to a Native settlement on the Fatea river, but got information. We went back to Hawemagain, aajl afterwards resumed the search. From. information received we went to a track leadingtowards Parihaka. We came to a clearing-, and I sent three of the party along tho ridge ot theclcaring on She inland Eide, and one on the seaward side. I also concealed myself under cover. We were armed with Snider carbines. After I had posted the men, we waited half an hour, when I heard three snots Cred on t!.e inland side of where I had placed the three men. Just before I heard the shots, the man I had placed on the seaward' side went on tho inland side to speak to the three men. I waited a minute or so, and went towards - the men. I saw a 3 - ello>'ißh coloured cattle dog in the clearing. The dog seemed to be confused, and. .•vas running back. I went inland to where Iliad posted tho three men, and when I got there l found tho men on tile edge of the clearing. Striking oeaward, we searched about and I fonnd a Maori mat. The mat produced is the same. It had a bnilet hole in it, and there was a blue thread drawn into the hole as if from a bine shawl. According to the way a Maori would wear a mat, the shot would strike about the hip of the person wearing it. A cap was also picked up by one of tho party a few yards from the mat. We examined tho tracks which led to Parihaka, and they were the same wo had tracked on the previous day. We did not follow the tracis up any further that day, aud the party broke up. Some days afterwards the party started again, accompanied by Williams and others. We made for the spot were tbo mat was found. We made a search, and m tbe bn?h close to where the mat was picked up we found several bnllets, the sheet produced, part or a Testament, a cheque-book, and several sticks of tobacco (all similar tob hose produced.) I believe Williams took eh; rge of those things. Did not know Hiroki at the ti'.ne. Saw him several months afterwards at Parihaka. Hiroki—What is the reason you went to follow me ? Witness—Because I heard yon had killed McLean. Hiroki—Did yon see me kill McLean ? Witness—No. Hiroki—Do you know that those articles produced belonged to me '{ Witness—l can't say. Tapa Tew-airi, a native chief, living at Waitctara, at the Papatukn pah, deposed—l know the prisoner, whose name is Wiremn Hiroki. I have known him for many years. He lived at the same pah with me three years ago. In September, IS7S I left the pah to go to Wellington to attend Parliament. When. I loft Hiroki was of my kinnga. Hiroki bad a. double-barrelled gnu. I c .me back from Wellington in November, and I found Hiroki had left and had taken his gnu with hiin. I heard while in. Wellington that McLean had been killed. I saw Hiroki at Parihaka in January following. I spoke to Hiroki about McLean being killed. I' said to Hiroki—"Ton have brought disgrace on the tribe ; you have killed the white man, and left trouble behind you amongst the people." Hiroki did not reply. I asked Hiroki whether he shot McLean, but he did not answer. I never saw Hiroki wear a hat like the one produced. I do not identify any of the articles in Court as belonging to Hiroki. Hiroki had pigs running at large, but he never complained of losing any. Never saw Hiroki wear a mat like the one produced. Hiroki (to witness) —Who told you I killed McLean ? Witness—Williams. Hiroki—Do yon believe that statement to ba true? Witness—Everyone believed it to be true. The Court then adjourned till to-morrow. There are three more Native witnesses to be examined, and then it is said the case will be further adjourned till Monday.