RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Poverty Bay Standard, Volume XI, Issue 1293, 8 March 1883, Page 2

RESIDENT MAGISTRATE’S COURT.—GISBORNE.

This Day. [Before J. Booth, Esq., RM.] Police v. Naeba Te Whebu, alias Whabe Ti. Naera Te Wheru, alias Whare Ti, of Whakawhitira, aboriginal native, was charged on the information of Sergeant McGuire, that he did, on the 18th day of February, 1883, wilfully, and feloniously kill and murder one Haimonn Mahuika, at Whakawhitira. The Court wns crowded to excess, mostly of natives. Mr Kenny appeared for the defendant, and asked that the witnesses be ordered out of Court, which was accordingly done. Hapukuniha sworn deposed : I live at Morotahia, in the district of Waiapu I know Hairnona Maihuika, I belong to the same hapu. He held a Chiefs position. I know the prisoner, his name is Naera. He and I belong to the same Hapu. The prisoner was brought before a Committee of the

hapu after last Christmas. Hamaua formed one of that Committee. The judgment of the Maori Committe owing to the quarrel With the prisoner and bis woman, was that they should ba separated. Tomiti Ngakoko pro- I nonneed the sentence. They were ! separated. The woman remained at I Whenakina. The woman is living ■ with me at present. We came to- I gether through Hatnana, after the j judgment of the Committee. Tn the : evening we were put to bed. in the ! morning prisoner come to shoot us. I Hatniana and I came to Whatawhitira. When the prisoner first came in sight, Hatnana and I were working at a house. I saw the prisoner, he was coming towards us with a gun in his hands. It Was a double-barrelled gun. When Humana saw him coming down with the gun in his hand, he said to prisoner, “ Why, lad, is that u proper demeanor?” Naera said “ Yes ; what else?” Hatnana said in reply, then "Areaway.” This was the first time the word “ fire ” was used. This was all that was said between Hamana and Naera. After this the gun went off, and Hamana fell. I was looking on all the time. The prisoner held the gun up to his shoulder. It was presented directly at Hamana, about 10 or 12 feet distance. Hamana was advancing to take the gun out of prisoner’s band, when he was shot and fell. The shot struck Hamana’s right arm, entered the side, and catne out at his back. After receiving this wound 1 did not hear him say anything. After he fell, I ran away and the prisoner chased me. I threw a slick at him which he warded off, after that he still followed me. While running I fell. I looked up and saw him pointing the gun at me. I got up and returned to where Hatnana was lying. He was not then dead. 'When I got up after falling, I faced the prisoner, he presented the gun at me over a bush and fired. I jumped on one side, and he missed me. 1 gave chase to prisoner, but did not catch him, and I then went ts Hamana. He was crying out with pain. His wounds were bleeding. I and others carried him into the house, and half an hour after he died I was present the whole time. I know a place called Kaitaha. I remember Being there on the 19th of last mouth. I saw Dr. Leggatt there, and talked to him.

By Mr Kenny: Hoana was not married to the prisoner at all. I cannot say how many years they lived together ; perhaps six or seven years. I know of four children that he had. One died and three are living. When Haana catne to live with me, the children remained at Whenuakuia. Haana and I were put to bed at Kaitaha, on the evening of the 12th February. The prisoner’s house is at Whenuakuia. Whenuakuia is about four, miles from Kaitaha. On the evening of the 12th February the prisoner was not at Kaitaha ; nor had he been there that day. It was sometime after sunset that we were put to bed. It was about midday when the prisoner came towards us with the gun. 1 did not speak to the prisoner as he came to us. Nor did Winiata, Whetu, or Haana. I was 30 feet from the prisoner when he brought the gun from the “ ready ” to the “ present,” and Hatnano was between myself and the prisoner at this time The prisoner did not present the gun at me at all When Hamana said those words he (Hamana) was going towards Te Naera to take the gun from him. Hamana had nothing in his hand at all. I am quite sure of that. I had a stick in my hand, not an axe. I had been using an axe in the early part of the day previous to the prisoner’s arrival. 1 left the axe in the house when I went to lie in a shady place about 4 yards away. Hamana had no axe ; we both used the same one. When Hatnana was shot he was facing the prisoner. Re-examined : Hamana stood in a direct iiue between myself and the prisoner. Naera was on the highest ground when the shot was fired. The Court adjourned till 2 o’clock. On resuming, Pini Ponakana was called, and deposed: I live at Pukerino. 1 know Hamana, and the pri soner, and the woman Haana, who used to live with prisoner. 1 remember the prisoner being brought before a Maori Committee after Christmas, at Marotahio. I did not see Hamana on the Committee. I saw Tomiti. The Committee in pronouncing judgment, said that Haana and the prisoner should be separated. I remember Haaun went to live with Hapu Koomhia. I do not know what time it was when they went to bed. It was on the 13th when Naana went to live with Hapu. I saw Naera on the 13th at Whakawhitira. When I saw him first he was presenting his gun at Hamana. The gun was up to his shoulder, and taking aim. 1 did not hear Hamana speak to him or anyone. I was about 25 yards from the prisoner. Hamana was quite close to the prisoner. Te Naera had a double-barrelled gun in his hand. I saw him fire the gun at Hamaua, who was standing still when the prisoner fired. They were both standing on a level; Te Naera had come down from higher ground. Hamana was facing Te Naera; then he turned on one side, and received the shot in the right arm, entering the side, and coming out at the back. He then fell to the ground, and I heard him exclaim, but I could not tell what it was lie said. After this the prisoner then gave chase after Hapuku. I gave chase to prisoner. J lost sight of both of them in the scrub, and then went back to I Hamana. I assisted in getting him I

into i.ii.l ,idif. lip was still Alive; , but I did no. hear him speak again. He lived half ar hour after he was taken in. J saw Hamana’s body at Kaitaha. I know Dr. Leggatt. By Mr Kenny : I saw the prisoner coining towards them about midday. We had been over 2 hours at Whakawhitira before we saw Naera. There only Hapuku, Hamana, Haana, and myself present. Winiata was not there. Te Whetu was there. The prisoner, Hapuku, and Hamana were in a direct line at the time the shot was fired. Hapuku was about twenty yards away at the time. 1 was on the right hand side of prisoner. He was pointing the gun at Hamana. The reason why I say the prisoner's gun was pointed at Hamana was because he was shot. I did not see any axe In either of their hands. I did not see Hamana try to take the gun from Te Naera. The witness now drew a sketch of the positions in which they stood when i the shot was fired, making Hapuku, Hamana, and prisoner standing in a direct line, and he a distance on the left hand side of the three, and not on the right hand as he has stated in the foregoing evidence. [Left Sitting.]