Yesterday.

Thames Star, Volume XII, Issue 3796, 26 February 1881, Page 2

Yesterday.

(Before Messrs Ehrenfried and W. Wilkinson, Esqs., J.Ps., and Wikiriwhi Hautonga, Native Assessor.) THE MUHDEPw CASE. John Procoffi, a Russian, was charged with the wilful murder of Himiona Haere, at Te Aroha, on the 10th inst.

After we went to press yesterday, the following evidence was taken :—

Dr Kilgour gate evidence as to the examination of the clothes by himself and Dr Huxtable, but as it was merely corroborative there is no necessity to publish it. To the Bench—l have been senior Coroner for some time. I usually receive the police report, and then determine whether it is proper to hold an inquest or not.

The Bench —"Were you asked to go to Te Aroha as Coroner ?

No; simply as a medical man

James Cook, a young man, said—l am a miner working at Te Aroha. I have a working share in the Sunbeam claim. I know the prisoner. Prisoner was working in the Sunbeam claim for about three months previous to his arrest. I saw him on the evening of the 10th, at about half-past nine. He was standing near O'Halloran's hotel. I spoke to him. I did not then notice any scars or bruises about his face. I was standing close °to him, and could hardly have helped seeing any marks or scars on his face. The next time I saw him was the following morning, when he went to my tent, and asked when the shift was going to start work. Moore, my mate, spoke to prisoner and told him that all hands were going on at 8 o'clock. I noticed that he had a black eye and some scars on his face, which I am positive he had not the night before. The previous night he had on a blue jamper and trousers and a check shirt, similar to those produced. I have had several conversations with accused since Christmas. . I had no difficulty in understanding prisoner.

Mr Thompson explained that his object in asking the latter two questions was to prove that the prisoner could understand the English language.

Mr Brassey asserted that his client could not speak the English language. It was no use Mr Thompson going on in that way, as prisoner could not speak the language. Perhaps Mr Thompson had been coaching the witness.

Mr Thompsom was sorry that Mr Brassey should utter such inuendoes. He had endeavored to conduct the case as fairly as possible, and would continue to do so until the end of the chapter. Cross-examined by Mr Brassey—l will swear prisoner could speak good English, but he might not understand technical terms. Prisoner had several times knocked his hands against the drive whilst wheeling a barrow out of the claim, bornetimes they became bad sores. I have been working quite constantly in the claim since the openiug of the field. Prisoner wore dungaree ciothes all the time he was working iv the Sunbeam. lam not aware that pvisoner had been in the habit of rubbiDg bis hands on his trousers. He might have been, and I might not have known it. The skin of prisoner's face on the morning the body was found was scratched. Ido not think it was gravel rash. I think they might have been caused by a tumble. I did not speak to prisoner about the scars on his face. I did not see Procoffi fighting the previous day. I saw Smallman the day after the murder. ,He came into the township on a horse. He had been drinking and locked up the previous day. I heard that Smallman had been threatened by the natives, who accused him of the murder. There were a lot of natives about the township on the day the murder was committed.

Mr JSirassey made a statement, which he said was only due to Capt. Skene, J.B. An impression had #ot abroad that that gentlemen had been hoodwinked into signing a subpoena in connection with the present case. This was altogether wrong, and in justice to Capfc. Skene he should say that the document had been signed and initialed by the Clerk of the Court, and it was clearly the duty of Capt. Skene, as a Justice of the Peace, to sign it when it was presented to him for that purpose., He was thoroughly justified in doing what he did, and his action showed that he understood the duties of the position of J.P. far better than the two gentlemen who had refused to append their signatures to it, and who, by their refusal, had been guilty of a neglect of one of the first duties of a Justice of the

Peace

The Court then adjourned until Tuesday morning.