SUPREME COURT.

Taranaki Daily News, 15 May 1918, Page 7

SUPREME COURT.

YESTERDAY'S PROCEEDINGS. (Before his Honor, the Chief Justice, Sir Robert Stout). The sittings of the Supreme Court at New Plymouth were continued yesterday before his Honor, tlio Chief Justice (Sir Robert Stout). Mi'. 11. K. Billing appeared to prosecute on behalf of the Crown. THE VVHITI CASES. The hearing of the charges against Noho Te Whiti of indecency, using indecent language, and assault and resistance of the police, was proceeded with, Mr. P. B. Fitzherbert appeared for the prisoner. Pakiroa, a Rahotu native said the first he saw of the trouble was O'Neill holding Te Whiti and trying to knock liia head against the verandah post. When his head hit the post he said to O'Neill (in Maori) "Thi3 is bad work,'' and O'Neill turned to hire and struck him on tlio face, and gave him a black eye. He did not see what happened after that.

Cross-examined by Mr. Biling, witness said he did not see any pakehas close to ONeill and Te Whiti. Be could not say who the natives were —there were a lot about. He was only there about twenty minutes. After that he was just looking on. Ho did not know why O'Neill had shaken Te Whiti.

Louise iPakiroa, wife of the previous witness, said she saw "Billy" Te Whiti on hia back on the road in front of the hotel. After that she saw O'Neill and Te Whiti close to the verandah. , Te Whiti caught hold of the post and O'Neill bumped his head against it. Pakiroa called out to them, and O'Neill turned and struck him on the face, and made his nose bleed and {rave him a black eye. She saw O'Neill bump Te Whiti's head against the post about three times. She did not hear any bad language used. . Samuel John Jackson, Native Interpreter, New Plymouth, said he saw Te Whiti when he came into town to consult counsel. He noticed that he had marks of injury on his face. That was on the Saturday, and he understood the trouble at Kahotu occurred on the Thursday. Atiria (Mrs Te Whiti), wife of the prisoner, said when her husband came home after the row his eyes were both black, his nostrils and his mouth were cut, and his chest was discolored. He did not sleep all the night, and in the morning she bound him up with flannel. They then went to Bee the doctor at Opunake. He examined Te Whiti and gave him some medicine. To Mr. Billing: They went to Rahotu on horseback, and from there to Opunake in a gig. They took turns in driving. She was at his home during the row at Kahotu. Tlie house was about three miles from the hotel. Her husband came home that night on horseback.

Angus Cameron, cheese factory manager at Rahotu, said Te Whiti' had tea with him at the hotel on the night of the trouble. He was in his usual jovial humor. He was sober at the time, and in a normal state of mind.

To Mr. Billing: The first he saw of the trouble, the men were over by the post office. He heard a noise, a few

minutes before lie came out of the hotel. Te Whiti went out four or five minutes before witness. The whole struggle lasted sortie time, and it was not sinprising that, with two men like O'Neill and Te Whiti involved, one or both of them should be somewhat knocked about. That closed the case for the defence and counsel addressed tie jury. JUDGE'S SUMMING UP. . In his summing up the judge referred to the four counts in the charge against the prisoner—committing an indecent act, an aggravated assault and a common assault, and using indecent language He said accused was entitled to all the rights to which Europeans were entitled. The offence was one which struck at the root of the good order of the community. It was impossible to have law and order if there were such acts as took place on the evening of the occurrence. His Honor then traversed the evidence given on each count in the charge in detail. If the jury believed the evidence of O'Neill on the charge of indecency, then undoubtedly an indecent act was committed. The attitude of Te Whiti himself at the time was not that of an innocent man, who would have quietly denied the offence to the constable. On that point there was the ■evidence of Green and Carr, who said that when they first saw Te Whiti he was turning away from the baclc gate of the hotel and was in the act of buttoning up his trousers. On the other hand, Te Whiti denied the act and said he went into the urinal and when there saw two natives. The evidence called in defence was not a corroboration of the prisoner's story, but a contradiction of it. The witness, Tuhi, said he met Te "Whiti coming out of tlie urinal, and that when he went in there was no one else there. It must be clear to the jury that the evidence of the Crown had been corroborated, while that for Te Whiti had been contradicted. Dealing with the charge of assault, his Honor said it was not necesasrv for him to say much. The Crown evidence was corroborated, that Te Whiti brushed up against Constable O'Neill and pushed him. Though Te Whiti had denied touching the constable, counsel for the defence had stated in his opening of his case that Te Whiti had brushed up against the constable in passing him. Te Whiti said that O'Neill grabbed him first, and threw him down. As to the aggravated assault the jury had merely to decide as to whether O'Neill was acting at the time as a constable, and whether he was assaulted as a policeman while in the execution of his duty. Regarding the charge of using indecentlanguage, there was the constable's evidence as to the words used and that was corroborated by Green's evidence. There was also the fact that one of the witnesses for the defence admitted hearing To Whiti use the word complained of. Te Whiti flatly denied using the word and said he never used such words. "icre was also the evidence of Duggan as to words used during the scuffle. In regard to the evidence of "Big Dick," who said he was present at the time and palled Te Wliiti's hands away from the verandah post, the evidence of the other witnesses for the accused was that they did not see "Big Dick" there. They must also keep in mind the evidence of Cameron, who had tea with Te Whiti and came out from the hotel about five minutes after Te Whiti left, and when he came out . jUie wiole fltruggle had mowd fwm tho

hotel verandah over to the Post Office. j Finally his Honor, suggested to the jury J that they should guard against, being j impressed by tlin fact (hat To Whiti I had received some injuries during the I trouble. They must not break (heir I oath and acquit man of lii;i crimes, if ; tliey believed him guilty, because lie I: had been hurt in tlie process of the struggle. THE VERDICT. The jury retired at 12.1!) p.m. and returned at 1.15 with a verdict of not guilty on the charge of committing an, indecent act and guilty on all the other charges. Sentence was deferred, pending the hearing of the other charges. Mr. Fitzherbert gave notice of his intention to move for a new trial on the ground that the judge in his charge to the grand jury had assumed the prisoner's guilt. The common jurors had probably been present and heard his Honor's address or had read the report of it in the newspapers. His Honor: I know nothing about that. Mr. Fitzhcrbert, proceeding, said also, that in his summing up the judge had presented only the case for the Crown to

the jury. His Honor said that Mr. Fitzherbert must put his notice in writing, but it was a ridiculous motion, and he would give it no attention. RIOTING AND ASSAULT. As a sequel to the foregoing case, Noho Te Whiti and seventeen other Natives were charged witih taiking part in a riot at Raihotu on March 28; 'being' members of an unlawful assembly; committing an aggravated assault in the public road; by resisting and ofetructiug OonstaWe O'Neill in the execution of his duty; with assaulting Constable O'Neill so as to cause him actual bodily harm; and with committing a common assault on Constable O'Neill. The names of tiho other Natives arraigned on the above charges were:— Kangi Porikapa, Pipi Leatlienhy, Porikapa, sen., Tua,hinefa>re ("Big Dick"), Katpa IToka Moeahn, Tara Harwood, Turoa Kahukura, Turu Turn Wharepoirri. Okeroa, .Toe Tama'lraiha, Kira Raumati, Watson, Pufcira Okeroa, Wi Paitene, Tamakaha, Eruiti, and Rangi lCwmete.

To Whiti wag further charged with resisting lawful apprehension and doing actual bodily harm to Constable O'Neill; also that to preivent lawful apprehension, ho did actual bodily harm to Edwrtrd Duggan; that he did assault Edward Duggan so as to cause him actual bodily harm; and that he committed an aggravated assault by resisting and obstructing Fxlward Duggan while ho was acting in aid of Constable O'Neill in the execution of Ms duty.

Pipi Loatheilby and Turoa Kahukura wore also charged with using indecent language.

Accused, who were all. represented by Mr. P. B. Fitzherbert, pleaded not guilty to each and all of the charges. The following jury was empannelled: —Messrs J. Pring, H. T. .Bishop, V. H. Beal, J. 0. Street, W- A. Brown, E. A. Griggs, O. M. Frascr, W. Lynch, S. Ridgley, E. Pouch. R. F. Cornwall, and W. 11. Adlam. Mr. Cornwall was chosen foreman. Mr. Billing, for the Crown, traversed briefly the facts relating to the several charges, and the evidence was mainly in accord with that given in the lower court.

Constable (J'Neill, in the course of crosw-emminntion, said he was not so much injured as to be unable to be about his dutv the day after the riot,. He did not know what injuries Te Whiti reeenved. He saw him about two weeks afterwards, when he served the rammons on him. Ho did not. see anv marks of injuries on liim- There might have been same old sears on his face ■During the course of the strafrele. thorn srh he was a eood part of the time on tihe ground, with Te Whiti, and surrounded by several Thironeans, he could identify the Natives who had taken nart in the assault on him. All the NVitives charged were identified. He could not netuallv say that We Pfltene took part in the assault, tart he was there in the crowd on horspfbaek. Walter C. ft. Green said he saw Constable O'Neill and Te Whiti in the jmd a numlber of Natives around seemed to be trving to release Te Whiti from the eonsfaMe. There would 'be between 30 and 4ft Natives prosejit. He asked several Europeans who were tvxi.r to assist the because he thought the Maoris would injirre him. Those who went to the constable's aid were f>ushed aibnut and jostled by the Maoris. He did not take particular notice of those there, hut he recognised vounn Porikapa. Evidence in corroboration was al"o

sivcn bv Private Willcox, of the 3sth Reinforcements, John C. Carr, ciheesc factory manager, and Edward Duggan,

farmer, who estimated the number ■ Maoris present at between 30 and GO. and identified, many of those charged with the offence. All testified that it was a very noisy disturbance, and that a lot of bad language was used. Ed-

ward Duggan said he had been called upon by the constable to assist, and Ik was helping to handcuff T «' Whiti, who kicked witness and also bit his thu severely. He sa,w Te Whiti bite O'Neill's fingers. lie heard a lot of ted language during the scuffling, and heard Pipi Leatherby use the words comiplained of. To Mr. Fitzherbert: He thought Leatherby was under the influence of drinic at the time. He had never heard him use language of that kind at any other time, William Rothery, in his evidence, said that when the row was over all the

Maoris wero kissing and "mugging" To Whiti, and saying, "Well done, Billy.'' They were very pleased iio had got away from O'Neill.

Angus Cameron, dairy factory man-

ager, gave a very clear account of what happened. Under cross-examination lie said lie had had tea. in the hotel with Te Whiti, and when he came out, aJboul five minutes affter To Whiti went out, he ws.9 very surprised to find sudli a row had developed in so short a time. He thought Te Whiti was a hit ton powerful for D'Neill to get to the lockup The obstruction by the genera! mail) also prevented'the conataible from taking Te Whiti to the dorfk-up. If tho Maoris had ''taken to" tTuo whites, tJiov could have made serious trouble for everybody. His Honor: They might even have committed murder? Witness: Possi'nlv. At this stage the hearing was a:' journal till 10 o'clock this morning.