MAORI CHILD’S DEATH.

Hokitika Guardian, 31 October 1925, Page 4

MAORI CHILD’S DEATH.

MOTHER NOT GUILTY. [IIY TF.r.KO tlAl'H — PER Pit IMS ASSOCIATION.] AUCKLAND, October 31. Tonga Tanka was charged with failing to provide medical attention for her child, four months old, at Matingaturoto. The Crown Prosecutor said the aceussed was a follower of Katana. The grandmother of the. child stated in evidence that it had a cold for ton tn fourteen days and she nursed it. If she had known the child was going to die she would have called a doctor. She put oil on the child’s chest and they had prayers for its recovery at which a Wesleyan clergyman baptised the child. Katana had told her that whenever the child was sick they were to get a doctor. Judge Read said: This knocks the bottom out of the Crown case. A brother-in-law of the accused said that there was nothing in Katana’s teaching that said they should not have a doctor.

The foreman of the jury announced that they were of the opinion there was no case <o he answered and the charge was dismissed. Mr Paterson said there was other evidence to he called. fn reply to Mr Paterson, witness said her reason for not calling a doctor was that she knew the child was suffering only Irom a cold, and there was no chance of death. Ilis Honour (noticing the use oT llie word “ Kurakin ” bv witness) asked whether that might not refer to witchcraft, as well as prayer. The interpreter said it might mean either, but witness disiinctly implied prayer. Mr Paterson: “Does Katana teach that the sick can be healed by prayWitness: “He told me to believe in the teachings of Cod the Father, and Son, and the Holy Angels!” “What ilo you do with a sick per"Nntliing is staled with respect 10. but lo nrav. and if anyone was sick, and it came to the point that a doctor was necessary, we should call one, and got one.” Tn Tanka, brother of accused, said lio was a member of the Church of England, and also a follower of Ha tuna. Ilis Honour: Tbe faiths seem to be very much mixed. The witness: “Mother is a Roman Catholic.' A Wesleyan Minister was preaching, and now lie says lie belong to tbe Churoli of England, as well as to Ra-i.-ina’ followers. Witness: “Tbe reason is that we were brought tin in different families. To Mr Sullivan : Ratana taught his followers to observe the laws of the country. There was nothing in his teaching which said they should not call a doctor. Witness bad no apprehension that the child would die. ITe believed that had accused known it was in danger, he would have sent for a doctor. Ratana’s followers believed that prayer was effectual when it fame from the heart, and not merely from the lips. Dr Marshal, of Mnuiigatuvnlo. gave it ns bis opinion that had the child boon put under better conditions, it would have bad a bettor chance. The prohnhilil v was its life could have boon prolonged, but he could "not say so positive! v.

Constable Tiong. of Maungaturoto, said accused liad told him his reason for not getting a doctor was that he .ml not think it necessary. Timothy TTealv, .T.P.. who had acted as Coroner, was called, but bis evidence as lo accused's statements was ruled out. as no formal caution had been administered. At the conclusion of the Crown case, His Honour asked whether Mr Paterson really suggested there was a ease to go to the jury. There was no doubt if the .Maoris abstained from calling in a doctor on aicount of their religious views, it wtis a breach of the law. The health of children could not be allowed to be destroyed simply because people had these curious views, but it did not appear at till clear that accused had abstained on that account from calling it doctor. His belief in the efficiency of prayer was shared by large numbers of people other than Ratnna'r followers. Without discussing the reasons why. it must he agreed that if had been effective in some eases. That did not mean, however, that such believers would abstain from sending fo; a doctor in a serious ease.

The foreman, on being referred to, said the view of the jury was that it was just a matter of unfortunate circumstances which hardly warranted a case. Mis Honour -That is my own view. A formal verdict of "uni guiltv" war returned. In discharging the accused. tin Judge solemnly warned him and othe) Maoris that his release did not mean that it was not necessary to send foj a doctor when a child was ill. They must understand that if anyone in the Kainga became seriously ill, they must produce medical aid. Otherwise in case of a fatal result, they would bo liable to be punished. Mr Paterson said the reason for the prosecution was that Ttatnna’s teachings had greatly hampered the work of the Health Department among the* Maoris. The Department had a eal officer and district nurse engaged on that work, hut it bad been found that Rntana’s followers concealed sickness occurring in their midst, irrespective of whether it was of n minor or infectious nature. There was danger that concealment of infectious disease m iglit lead to a serious epidemic.

Mr Sullivan said there was no evidence that in this case Ratana’s influence had hampered the Health Officer. The Department, he added, was presided over by someone who did not got on very well with T<arena. His Honour said there was nothing more to be said, If Rat ana’s teach-

ings prevented the enforcement of the health regulations among; natives, it would be only a matter of time before someone was punished for it.