RESIDENT MAGISTRATE'S COURT.—GISBORNE.

Poverty Bay Standard, Volume XI, Issue 1294, 9 March 1883, Page 2

RESIDENT MAGISTRATE'S COURT.—GISBORNE.

Yesterday. . [Before J. Booth, Esq., R.M.] Police v. Naera Te Wheru, alias Whare Ti. Haana Pori, sworn, stated i My name is Haana Pori. I lire at Whenuakurd. I knew Hamana; he was the chief of the Hapu. Naera lived with ttte for some time. We were never married by a minister. We are separated from ( each other now. I ceased to lite with prisoner last December. The Maori Committee Separated us. Hdmand was a member of that Committee. I attt living With Hdpuku now. I do not know the month I went to Jive with him. I saw Hamana shot. By thutuab consent I Went to lite With Hdpukti. Hapuku and I hid a Wish before this to live together, and Hamana said w* should. Hamana was building a house that morning. When I first saw Te Naeri he wds approaching with a gun in his hand. Htimatia spoke to him, “Is it to be like that." Naera replied “ Well, what else.” The prisoner was holding the guti a little abovb the hip, and he was pointing it at Hemanai Hamana said " fire away," The position of the gun was raised when fired.*i Hamana was shot in the right arm, in I the side, and the bullet came out at the back. The ground was sloping. Naera was standing on the highest ground When Hamana fell, he said ** I aril killed wrongfully.” After this Nadra theti pointed the gun at, Hapukd. [The witness here drew a rough sketch of the relative position of eaolvpsrson that was present at Whakawhitlra when the shot was fired], Hapukti threw a stick at Naera, and then ran; the prisoner giving chase. I lost sight of them, and then I proceeded to Hamana, who was dying. The wound was bleeding, and he lived about an hour after he was shot.

Cross-examined by Mr Kenny i I cannot say the number of years I was living with him. I have had 3 children by Naera. I lived with him according to Maori custom. The relatives on both sides did not agree that we should live together i it was our own desire. Shortly after 1870, I began my acquaintance with the prisoner. This Day. The trial was continued at 11 a.tn. Hare Mumu deposed: I live at Marotarewha. I know the prisoner. I pursued the prisoner on the 13th Feo I did not catch him that day, but did so on the 28th. He was asleep when I caught him. He had a gun with him. [The gun was produced and the witness identified it as being the one which the prisoner had with him.] The gun was under his chin. There was no one else with me. I took him, and brought the gun too, both barrels of which were loaded. I searched him. I had Htrini Numunumu with Naera. We searched and found bullets, caps, and a flask of powder. I brought the bullets down, and gave them to Sergeant McGuire. After I caught the . prisoner ho said nothing to me. I handed him over to Major Ropata. A J. Leggatt deposed : He wm a doctor and medicalpractitioner residing at Gisborne. He remembered the 19th of lut month. There wm a dead body at Kaitaha on that date, buried in a coffin. It wm considerably decomposed. He found four wounds, evidently caused by a small spherical bullet fired at a short range. Bullets such as those produced would cause similar wounds. The bullet had entered the back just at the left, shattered the spinal column, passed through the right lung, made its exit about three inches below the right nipple, and then passed through the fleshy part of the right arm. The wound to the lung and the injury to the spine caused death. It would cause 1 he person to fall. The deceased must have turned half round when he was shot, and also stooped slightly. If the shooter had been on higher ground than the person shot at the bullet would have, taken the course as

pHvtouely described, T arrived at my opinion of the course that the took, it because an entranee Wound is smalt, and the lips slightly depressed. An exit wound of a spherical bullet is larger, and the lips everted. In this case, the small entrance whond was in the back, the larger one in •rant below the nipple. Both the wounds in the arm were larger and more* ragged, show that the bullet had spent a great deal of its force. In consequence ofjthe body laying on its back for a time it would not keep the wound in the back fgom-opening or expanding. He could live 3 or 6 hours after receiving the wound, or only half an hohr. Cross-examined by Mr Kenny: I have served in Her Majesty's army, and have had practical experience for some years in gun shot wounds. I have not the slightest doubt that the deceased must have been close to the gun when it was fired. He saw the gun and bullets produced, and a loose bullet like that Ihuit have been fired at close quarters unless It was eovared with a patch, otherwise it could not have indicted such a wound as Eh had described. , -11 . i Sect. McGuire deposed : I am Sergeant of the police stationed at Awanui. On the 13th Feb. last, from the information I received I proceeded to Whenuakuru, and saw the dead body of Hamana laying in a where. I examined the body and found what appeared to be a gun shot wound an the upper portion of the muscle of the right arm, 8 inches from the ten of the shoulder, and also a similar wound On the under part of the arm i also a like Wound bn tht right breast, 3 inches below the hippie, and slanting towards the hip. There was another wound about the centre of the back, close to his spine, and about 18 inches from the nape of the neck. I put my finger in the wound close to the spine, and found that the spine was shattered. At the time I examined the body it was not quite bold. On Friday, the 16th February, I had the body temporarily interred at Kaitaha, and on the following Monday, disinterred it for the purpose of having an inquest held. I opened the coffin and viewed the body, and identified it as being that of Hamana Mahuika. I then handed it over to Dr. Leggatt for examination. I knew the deceased when alive, intimately. On the Ist March, I arrested the prisoner and charged him with the murder of Hamana. The prisoner replied, “I Understand."

Cross-examined by Mr Kenny : When I ibid the prisoner I came to arrest him, I Spoke in Maori. I cannot speak Maori very Well, but I know enough to arrest one. This concluded the case for the prosecution. Mr Kenny said he would reserve his defence. He had heard a rumor was current that the prisoner was to be tried at Napier. He did not know if it was true or not, but if so, be would like to say something about it. He did not think that it was right the prisoner should be taken down to Napier to be tried i if he was, it would be unjust and unfair, as he would then be taken from his friends and relations here, and could not carry on his defence. But if, on the other < hand, he should be committed to take his 1 trial at Gisborne, he would have a far better : Opportunity of defending himself. He hoped his Worship would not be offended at what i he had observed, but he had done so purely for the good of the prisoner. His Worship said, in reply, that he had hot heard of any rumor, nor had he given . any one to understand that he would act as ‘ Mr Kenny had stated. He then inquired as to the state of the Gisborne Gaol t !

Sergeant Bullen made reply that the cells were clean, but were not sufficiently secure. He thought that the prisoner could be sent to Napier for safe custody, and then return here. His Worship and Mr Kenny agreed with him, and it was subsequently stated that that would be the beat course to adopt. His Worship now committed the prisoner to take his trial at the next criminal sittings of the Supreme Court to be held at Gisborne.