OPUNAKI MURDER.

Patea Mail, 2 December 1880, Page 2

OPUNAKI MURDER.

CLOSE OF THE INQUEST. Confession of Maori Prisoner. The coroner’s jury arrived at a verdict on Monday night, at a late hour. They found that Miss Dobie was wilfully murdered by the prisoner Tuhi, a young fellow aged about 20. Tuhi confessed in Court, at the close of the evidence. The additional evidence given on Monday, after our previous report closed, was as follows : Martin Coffey, storekeeper, Opunaki, deposed to receiving a threepenny piece from Tuhi for a box of matches. Had forgotten this in previous evidence. Had given a similar coin to Miss Dobie in change when selling a pencil. The coin had something like blood on it, as if it had been cleaned with scraping. Knowles, A.C., produced a coat in Tuhi’a whare. It had blood stains on the cuff, sleeve, breast, and tail, and had not been washed. Taylor, A.C., bad seen Tuhi wearing that coat shortly before the murder. Tuhi’s wife told him the prisoner had brought nothing home but a bar of soapIlona Matui, a native, deposed : I was at Tuhi’s whare on Thursday evening. Ho did not look in his usual manner. He looked frequently at the door. Dr Carcj 7 deposed : I searched the body of Miss Dobie, with the assistance of Mrs Ebbct. Observed a punctured cut in the collar of the dress, and found a corresponding wound in the neck of deceased. Judging from the puncture in the collar, 1 should say it was made by an instrument about half an inch in width. Found a large wound immediately below the lower jaw, 4 Inches in extent. The whole throat was cut down to the vertebral column. Two attempts appear to have been made to cut the throat. The second would had been about two inches below the angle of the lower jaw. There was another transverse wound about an inch and a half in extent, and also two other small wounds, one half an inch and one five-eighths long, near the lobe of the right ear. There was a fifth slight superficial wound on the left side of the neck, two inches above the clavicle. These were all the wounds on the neck. There was also a wound on the second finger of the right hand, about an inch long. Death was the result of these wounds. I examined every part of the body, and am positive that no attempt at violation had been made. The underclothing was intact. Most of the wounds were on the right side. The knife in my opinion had blood stains on it. That knife would inlliet the injuries described. I received change from Coffee this morning of sixpence and threepenny piece. Noticed the small coin had been scraped as if to erase something which I took to bo blood. Deceased would have been able to walk after receiving small wounds on neck, but not after the larger. The first wound was a combination of a stab and a cut, and judging by the cut in the collar the wound could not be made by a larger knife than this. The knife produced is sharp enough to cause such a wound. I probed my finger into a hole opposite the hole in the collar to the depth of three inches. The body would be nearly cold within three or four hours. The Coroner proceeded to read over the evidence, but the jury said it was unnecessary, and that it was the unanimous opinion that there was no evidence against Stunner, and it was their wish he should be at once released. Mr Bullen produced the affidavit from Mrs Cook, Empire Hotel, Hawera, accounting for some blood found on the clothes of Stanner. The Coroner, addressing Stanner, said : I congratulate you. You leave this room entirely free, without a stain on your character. TUHI’S CONFESSION. The Maori prisoner then asked if he might speak to Mr Hursthouse, chief surveyor. The Coroner gave permission. Tnhi went over, and sitting beside Mr Hursthouse, told him something in a low tone. Mr Hursthouse rose and said the prisoner wished to make a statement, Tuhi said : “ I did it. I killed the •woman.” The Coroner asked: Do you know what you have really said ? Do you know your position ?

Tulii said: I know; I killed the woman.

Being asked if he had any more to say, he answered : u I" wish to be questioned,” The Coroner said this could riot b«

done. The jury at once found a verdict of wilful murder against Tuhi. The Coroner committed him for trial on the charge. Prisoner said : I do not want more trials. I want to meet my death here. Handcuffs were put on him, and he was removed. He had been remarkably self-possessed all through. PULLER CONFESSION. Tuhi made a farther confession ou Tuesday. He had stated at the inquest that he wished to answer questions, but the Coroner could not question him, as he must be committed for trial under the Coroner’s warrant. Next day the prisoner volunteered the following statement, and signed it: “ I saw deceased coming, and tied my horse in the flax and went towards her. She gave me six shillings and fourpence. The threepenny piece and halfpenny referred to, and paid to Colley, is correct. I caught her with my right hand, and stabbed her with my left hand ; then I dragged her to a flax bush and stabbed her again, and seeing her still living I dragged her to another bush and cut her throat. When life was extinct, I left her.” TUHFS FAREWELL LETTER. On Tuesday afternoon, Tuhi asked to see Mr Hursthoiisc again, to write a farewell letter in Maori to his father and friends. It was written and signed as follows (translation) : “ Salutations to you all who remain over there ! Great is my love for you at this time. You will not see me again. I have given myself for food for the birds of Heaven. This is all the adieu, A song of love cannot turn me to the house. Where is the fear ! We were never afraid in the first sunny days. Overtaken by sin, wc all part. This is all. To Te Whareugaro. Let not your mind be troubled about me. I have sinned —murdered, Ou no account let your thoughts return to me. Cry not at all. Wish (pray) to the Great Priest is the thought for me. This is all. To Te Wharengaroa. Come here and sec me, and take away with you the horse, Whakaputa. Come by yourself. Let not others come with you. This is all. It is finished ; by your son, Tuuiata, Written for me by Mr Hursthousc.”

Trial Removed to Wellington. {Telegram from our Correspondent ) Wellington, Wednesday Night. The Government this afternoon decided to try Tuhi, the murderer, at Wellington instead of Taranaki. He could not bo tried at New Plymouth for nearly six months, but by being brought to Wellington he will be tried within eight days. The Hinemoa 5s waiting off Opunaki to bring him here. Hanlan, the Canadian oarsman, is now willing to row Laycock, of Australia, for £I2OO aside. The latter is seeking aid to enable him to do so. A country newspaper out West thus heads its report of a fire :—“Feast of the Fire Fiend ! —The Forked-Tongued Demon Licks with its Lurid Breath a Lumber Pile ! ! —Are the Scenes of Chicago to be Repeated ?—Loss, 150 Dols. ! ! !” Punch gives the following as an example of self-sacrifice :—Boy (to lady teacher) : “ Teacher, there’s a gal over there winkin. at me!” Teacher; “Well, then, don’t look at her.” Boy ; “But if I don’t look at her, she’ll wink at somebody else !” The Russian battle-fields of the year 1812 are still being explored for bones, which arc converted into bone-black. It may thus happen that a man of the present day may consume sugar which has been decolourised and purified by means of the bones of his forefathers.

Ihe greatest hail-storm ever known recently prevailed at Stevens Point, Wisconsin, Hail-stones from six to ten inches fell, and covered the ground from four to eight inches deep, killing thousands of sheep and other animals, and turkeys, geese, and prairie-chickens.

Patea District Court. Wednesday, before Judge Shaw. ALLEGED EMBEZZLEMENT. Win. Dawson, a young man lately employed as accountant to Mr Farrington, solicitor, Hawera, was charged with embezzling £B, the property of Mr Quinlivau, horse-trainer. Mr Barleymau appeared for the prosecution. The jury were T. Allan, Woodville; H. Berry, Woodville ; J. Boss, Otouta : C. Buckthought, Woodville; T. Haywood, sen., Patea ; P. Campbell, Manutahi ; G. Forrest, Patea ; P. McLoughlin, Whenuaknra ; R. Tullock, Manutahi ; W. Milham, Whakamara ; F. Scarling, Patea, H. Dean, Patea, foreman. Hone Pihama had obtained a judgment against Mr Quinlivau ; and the allegation in the present case was that Quinlivau paid £8 to Dawson in a hotel, in the expectation that he, as Mr Farrington’s clerk, would pay it to meet the judgment; that Dawson did not pass over the money to Mr Farrington ; that Dawson has not since accounted for it; and that he embezzled the money. T. Quinlivau deposed : The prisoner came into the Empire Hotel. I said I had got the money, and handed him £8 in notes. I had not the receipt with me, and I handed that amount to him as clerk for Mr Farrington, in order to settle a judgment. I had the bailiffs come into my house for the money, and 1 had to pay it again. I expected he would give it to Mr Farrington to satisfy the judgment. I did not ask for a receipt, but he knotted one of the notes and said, “ That’s the way I. give a receipt,” holding it in his hand before the people. I went to Mr Farrington, and he then asked the prisoner if he got the money from me. Prisoner said he got £6, but not £B. He said if he were allowed two hours he would get the money. He did not account for it. Mr Farrington was very nearly settling at first, but then he said he would not, as he had nothing to do with it. I said if Dawson did no settle it I would give him into custody. Prisoner ; I want to know whether the amount I am charged with is £6 or £B. Judge : It is £8 on the charge sheet. Prisoner : Can the witness give any reason why he gave me £B. Witness : I gave you four notes, one £5, the other single notes. Prisoner ; Have you been trying to swindle Collins and Mathew by saying you gave them a £5 note instead of £l. Witness : No. I did not dispute thenaccount through that. Prisoner : Did you make a remark to Walter Stanner that you would get your money back from me ; that you would make out you paid me twice the amount you did. Witness : No. You said you had been in chokee, but that you would not get in for this. You first acknowledged getting only £6 ; but when I threatened to have you arrested you acknowledged to £B, and and asked two hours to pay it. Prisoner : Did I not say : “ To save all disputes I will admit the £B, and will try to get it,” Witness : You admitted the £B. Prisoner : Have you any intention of filing ? Witness : No. Prisoner: Did you make over your racehorses to your brother, to prepare for your bankruptcy ? Witness: I have never thought of filing; don't know how to do it. Foreman of Jury : I understand the prisoner bet £5 on a game of billiards with the witness. Who won and what became of the money ? Witness : I won, and got the £5 which prisoner had lost on the game. Mr Farrington, solicitor, deposed : The prisoner was in my employment up to about the 11th October. Mr Quinlivau came to my office and asked if the prisoner had paid certain money to me. I afterwards asked Dawson if he had received £8 and what it was for. He said he had received £6 from Quinlivan, but not for me. Dawson had no authority to receive money for me. He had no authority to collect money. I asked Dawson on whose account he received it. He said he could not say ; that he was drunk at the time. Dawson finally said that, to save any trouble, he would admit he received £8 and would try to get it. Qvinlivan also said he won £5 from Dawson at billiards and received back the same £5 note he had given Dawson. The prisoner was engaged as an accountant for a month on trial. Prisoner : Did 1 not say that Quinlivan gave me some money for the purpose of helping him in some gambling?

Witness: You said so. I should not have taken Quinlivan’s case np without fees being paid in advance, but my clerk had taken them up without instruction. The £8 would not have been sufficient to satisfy the judgment. By the Foreman : It is not true that Quinlivan saw me about taking up his cases before I went into court. Dawson was dismissed because I did not approve of his conduct, partly in connection with this case and for other misconduct. Charles Tait, settler, Hawera, deposed : I saw Quinlivan give some notes to the prisoner on the Bth October. I thought three notes, but don’t know their value. I heard nothing said except that Dawson tied one note up and said, “ This is the way I generally give a receipt.” Quinlivan did not say what the notes were for The jury found a verdict of acquittal. IN BANKRUPTCY. EXAMINATION of F. WILLIAMSONAn examination of Francis Williamson, bankrupt, formerly of Manutahi Hotel, latterly of Waitotara, was held before the Judge. Mr Hamerton conducted the examination as creditors’ s^citor; and Mr Taplin was present as creditors’ trustee. Mr Ward appeared to represent the debtor’s solicitor at Wanganui. The debtor had been apprehended under a warrant as an absconding debtor, and taken to New Plymouth. He was then ordered to be made a bankrupt, on evidence ; and being released, he filed a petition in bankruptcy at Christchurch within a week. These proceedings were in pursuance of the compulsory record of bankruptcy commenced at Now Pymonth, and removed to Patea for convenience of creditors. The proceedings at Christchurch arc to be annulled. The statement of assets and liabilities filed at Christchurch was as follows : Assets. —Whakamara estate, £205 ; two sections at Waitotara, £SO; one section at Wanganui, £4O ; book debts of late hotel business, £l5O. Liabilities, —These were ;

Total assets, 445 ; total liabilities, £Bll 13s; apparent deficiency, £306 13s. The debtor was questioned now as to certain property not included in the above, and as to several debts not in bis own list. Mr Hamerton : You said before the Judge at New Plymouth that your liabilities were £SOO at that time. Debtor : I was not aware of any more at the time I left the hotel. Docs that include Mrs Iveson’s claim ? Debtor: No, it does not include £486 due to her, and secured. Judge : How is she secured ? Debtor: Under a settlement. Judge : What do you mean ? Debtor: At the time I was married, about eighteen months ago, a settlement was made in favor of my wife on a certain property at Waitotara; a fifth share in some property which my father left. It was a settlement made after marriage, unreservedly for her own private use. Judge: Was that interest in existence, or was it a future interest ? Debtor: It was a future interest. My father had been dead two years, and it was promised as . a sort of agreement marriage, and was executed after marriage. Judge: Was the property then divided ? Debtor: No; It is iii the hands of trustees or. executors. The interest is undefined.

Mr Hamerton: He was entitled

under liis father’s will, to one-fifth share of all his father’s property. Judge: What would it be worth ?

Debtor: It might be worth £IOOO or £lfoo, or it might be worth nothing at all. There are encumbrances on it. It is a native lease, and it is difficult to estimate the value.

Judge: Was there any income at that time from It ?

Debtor: Scarcely. The expenses have been more than the profits at present. There was £4O divided about three months ago, and before that there were two small sums divided, one being £33.

Judge: Is the business being carried on ?

Debtor : Yes, under the management of my brother, and through executors. Judge : How much have you received from the lime of your marriage ?

Debtor: I received £33 before this deed was settled. The deed was drawn six weeks to two months subsequent to

marriage

Mr Hamerton : If that was so, what settlement was made on the 4th of April last ?

Debtor: That was a separate one, made with my wife’s permission, so that Mrs Iveson could bo included. She consented to have Mrs Iveson in as a first payment out of the estate. I was released from the claim of £4BG by that settlement.

Mr Hamerton: Can you state distinctly that no settlement or agreement was made before marriage, in writing? .Debtor; There was nothing in writing before marriage. Judge: What was the consideration for this deed ? Debtor : I had £BSO from Mrs Ivcson about three years ago, and this was a balance of £4BO for which security was given, including interest, Mr Hamcrtcn ; Was there any agreement with her before yon went to Wanganui ? Only by bills. She was an ordinary creditor until I went to Wanganui and signed the deed. Mr Hamerton put questions to show the debtor’s insolvency before April, when the mortgage to Mrs Ivcson on the Waitotara property was executed. Judge : Were you aware that in April you were insolvent ? Debtor; No; but 1 knew that, by including Mrs Iveson, I had not enough to pay all creditors ; but excluding her I had plenty and to spare. Judge : On the Bth April you assigned the whole of your father’s interest to your wife and Mrs Iveson, Your wife joined with you in that fresh settlement; and excluding the interest under your father’s will, did you consider yourself solvent ?

Debtor ; Exclusive of Mrs Iveson, 1 considered myself solvent. Judge ; That is, excluding all your interest under your father’s will, and excluding Mrs Iveson, you had sufficient property to pay all debts ? Debtor : Yes.

Mr Hamerton : Did you not, prior to that time, dishonour a number of bills at various banks ?

Debtor : They were paid subsequently. Mr Hamcrtou : Has Mr Taplin’s bill been paid ?

Debtor : No. MrHamerton: Have Mr McGregor’s bills been paid ?

Debtor : Some of them have. Judge: Then he ranked as a secured creditor ? Debtor : Yes.

Mr Hamerton : The liabilities which you have now stated on oath, apart from Mrs Iveson, come to about £IOO more than your owii statement of assets ; therefore were you aware that you were then insolvent? Debtor ; No. ;

Judge : Ho puts down his liabilities at £I6OO, including everything up to date of filing ; since then he puts down £445 more.

Mr Hamerton : He puls down the Whakamara section as encumbered ; and it was not therefore an asset at all. Whaj assets bad you available at that time ? Debtor : The things in Manutabi Hotel that the bills were for.

What did you do with the proceeds of tbose bills, £326 ?

Debtor : I paid a bank overdraft of £l3O.

I thought you had cash in the bank at that time. Judge : Exclusive of Mrs Iveson you owed at that time over £IOOO, according to your own statements made to-day ? Debtor : That is including McGregor, but he is secured over and above the amount clue to him. Judge : How can yon say that certain property was worth £lO an acre, when you took £7 at the same date ? Debtor ; I sacrificed that section so as not to injure the hotel. Mr Hamerton : Ho now admits having paid£3o for wages due before leaving the hotel. That must be added to his indebtedness at the time he says he was solvent. Are you satisfied now, from the statements before the Court, that you were insolvent at tho time ? Debtor : No. Why did you pay some creditors in full) when you had dishonoured bills lying at the bank ? Debtor : Taplin got a judgment against mo for £SO, and that spoilt my credit at the bank. Were you not sued by Mr McLean, of Bulls, for a promissory note of Mr McGregor’s? Debtor : No, I never heard of it. When did it first dawn on you that you were insolvent ? Debtor : I know I was very short of cash, but I considered if my property was Sold and the book debts collected, I could clear everything and have a balance. Then why did you file a declaration in Christchurch ? Debtor : Because I was pushed. Judge : It seems pretty clear that when the debtor parted with the Manutahi Hotel, if not insolvent, he was on the verge of it. He may not have his position then. He was obliged to dissipate almost the whole proceeds of the hotel to creditors who were pressing him at once, and which left nothing to the large creditors. What security did you give Mr McGregor for the £440 ? Debtor : Only the bills. Ho was in a mess, and that is bow I got into the hotelHe said the bills would always be renewed, and that bo would never call on me for tho money. When the bills were due lie dropped down on mo, and that is why I bad to realise the hotel at once. This concluded the examination.

Mr Ward : I will not ask any questions

Judge : That disposes of the application by the trustee. It is now for him to take advice as to how the estate shall bo realised. It is a bad estate. There arc some very bad elements about it; but the worst feature to my mind is the conduct of the debtor himself. He avoided the service of the petition for a long while, and the creditors wore obliged to arrest him. When arrested ho became very violent; and when brought before me in New Plymouth be protested, upon oath, what must have been perfectly untrue. In fact throughout your conduct has been very unreliable. You made a statement there to arc, on your oath, about an assault which the police bad committed on you, and asking for a remedy, but it now turns out that the assault was the other way. It was your assault on the policemen. And in various ways you don’t seem to me to be able to give a satisfactory account of bow this estate has dwin died away. However, the matter is now in the hands of your creditors and of your rustcc ; ami until the trustee makes a report to me, and until you apply for your discharge, I don’t suppose I shall be called On to interfere. I hope you will assist Mr Taplin in every possible way.

Debtor ; I shall bo most happy to assist in every way. Perhaps these apparent contradictions can be explained.

Judge : I am afraid you cannot explain what you swore at Taranaki. You made a complaint on oath that a very violent assault had been made by constables, who had drawn their batons and broken your head and that sort of thing. The loss said about that the better.

Mr Hamerton : As to the removal of the proceedings from Chrischurcb, the registrar there declines to take any cognisance of our proceedings here.

The Judge pointed out that the proceedings must be initiated whore acts of bankruptcy had been committed. The debtor owed nothing in Christchurch, and the registrar only needed to be properly informed.

Mr Hamerton: As to the deed of settlement, I shall have to make an application for setting that aside.

Judge; You had better move by summons to show'cause ; but it depends on the affidavits whether the summons will bo granted. You can make an application to me when I return on the 13tli, ami if granted it can be made returnable in January at this Court.

D. McGregor £441 12 8.1J. Armstrong 40 7 0 F. Riddiford, Hawera... 30 15 8 Gane Brothers 3 3 24 P. Bell, Wanganui 6 G 10 McL’Dowie & Co 0 7 11 G. H. Armstrong, Hawera 8 4 10 D. Harding, Wanganui... 7 4 0 S. Smith, Wellington 10 0 0 W. Odgers 7 18 0 Ur Keating 1 11 6 S. Taplin 103 1 8 T. Haywood 10 0 0 L, L. Levi 15 0 0 Barnicoat and Bolaisc, Wanganui 10 8 2 A. Todd, Wanganui 5 o 8 Andrews, brother-in-law 10 0 0 D. H. Williamson, brother 31 10 0 Mrs Williamson, mother 22 15 0 H. I. Jones, Wanganui ... 5 5 0 Skelley Brothers 22 18 0