THE TRIAL OF TUHI.

Nelson Evening Mail, Volume XV, Issue 252, 15 December 1880, Page 2

THE TRIAL OF TUHI.

The following is an extract from the report of the_.flrßt day's,proceedings, which appeared in the N.Z. Times:— The indictment* having been read, and interpreted by..MjJ3aker,-4he-^risonei?-£tea<iech Not.GtaHty,-,-..-, ■ •>, „..,-....-. Mr Fbrwobd then said a difficulty had. arisenwhieh: would "oblige him to ask for a short. pQsfcpoDetneat -of -the- trial^- f "He. 4ad;; been told b*y the Cfoyn Prosecutor that the. other side intended to rely upon a statement made by the prisoner, --He-believed-that the statement followed after certain proceedings between the prisoner and the police. He had understood that the witnesses for the Grown who bad arrired would be sble to speak «i to the whole o| t^e circumstances, but fte sow

found that none of them were there. . The statement be referred to had been made to Colonel Roberta, and if that statement was put in evidence it was absolutely necessary Colonel Roberts should be called His only course therefore was to ask that the trial should be postponed till Colonel Roberts could be got down, which would be in something less than two days. After some discussion, the Chief Justice asked if any other person was present when the alleged statement was made to Colonel Roberts. Mr Forwood said ha believed others were present, but the prisoner could not tell the names of any of them. Mr Izard said the statement the Crown relied upon waa made before the whole jury, the coroner, and all those present at the inquest. His Honor asked if there was any other confession. Mr Forwood said he understood there was, and he contend ed that the caution given to the prisoner before the coroner was insufficient. He quoted an authority in support of this* ! ' Mr Izard" said the prisoner had been fully warned in due course before making bis statement to the coroner. To what other statement was Mr Forwood referring ? Mr Forwood said all the authorities went to show that not only must there be the usual warning, hut when there had been a previous statement the effect tf that statement must be especially got rid of. He read authorities. His Honor said he must have some reasonable ground for postponement shown before he cotild gi'ant it. Mr. Forwood said if his Honor desired, an affidavit should be filed that the statement was made. Perhaps his Honor fancied His Honor ; Ido not fancy anything, Mr. Forwood. Of course lam acquainted with the law. ' Ido not fancy the law. J Mr. Forwood again contended that the ordinary meaning was not, in the circumstances, sufficient, and read from " Russell in support of his contention. His Honor said surely ths prisoner must know whether or not there were others present at the alleged interview with Colonel Roberts. This was a serious matter, He must know who was there. Mr. Forwood. said there were others, but the prisoner did not know their names. His Honor said it was very likely some among the witnesses who had come down were present at the alleged intervie^y. Could that not be ascertained from the prisoner. Mr Forwood said possibly it could. He ask. Mr Forwood, Mr. Baker, ana the accused were then in communication for a few minutes, after which Mr. Forwood said the accused stated one of the A.C. men was present. Six A C. men who had come down as witnesses were then brought in, from among whom the prisoner identified the one he referred to. The necessity for having Colonel Roberts was then obviated, and the proceedings continued.