RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XII, Issue 3798, 1 March 1881, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY

THE MURDER OASS.

(Before Messrs Ehrenfried aud W. Wil-

kinson, Esqs., J.Ps., and Wikiriwhi Hautonga, IVative Assessor.)

The hearing of t!ie charge against John Procoffi was resumed at 10.15 this ingMr Ehrenfried, addressing Mr Thompson, said he regretted now that the Bench was ready to proceed with the business there was no clerk present. Mr Thompson replied that the appointment of the Clerk of the Court was not in his hands. He believed Mr Allom, who was engaged in the other Court, was making arrangements for supplying the deficiency. Mr W. Wilkinson then undertook the duties of clerk until Mr Allom was relieved, which occurred in a few minutes.

Mr Peudant, a merchant of Auckland, appeared as interpreter for the prisoner. Mr Thompson stated he had great pleasure in informing the Bench that a gentleman in Auckland, hearing of the want'of an interpreter had kindly volunteered to act in that capacity. The Chairman said the Court was much indebted to Mr Peudant for his attendance, as the want of an interpreter was a matter for regret; but now the accused would have the advantage of knowing all ! that was being said, j. Sergeant Major O'Grady, recalled, sworn, deposed—l was present in the prisoner's cell on the loth Feb., when the prisoner's boots were taken off to be examined by Dr Huxtable. I showed

the boots to Dr Huxtable, and he looked at them and remarked that the spots on them looked like blood. He referred to the toe and marks on the sole of the .boots. • I handed the boots to Dr Huxtable in the yard for examination, aud afterwards sent the boots to his house. On the following morning I was passing the cell when prisoner said, see here; I went to see what he wanted ; when he said, Well, about my boots ; About the blood on my boots ; I was bleeding at the nose, and spit on the floor and walked on the blood with my boots. I went into the cell on the 20th for the purpose of seeing if the prisoner had any complaints to make. Immediately inside the door in the passage was a patch of partially dryed blood, fojmed by various spots running together. I said: Hallo, see here, What's this ? How did this come here ? He said : I was bleed from the nose ; I said : Have you been picking your nose ; At the same time I took hold of the forefinger of his left hand and observed what I thought was blood under the nail. I then looked at the prisoner's nose and observed about half an inch up the left nostril, a cut or scratch as if made by the nail, i said to prisoner— 1' You have been picking your nose, John; you mustn't do that, or I shall have to get your nails cut." Previous to the loth, prisoner had not made any complaints about bleeding at the^ nose. He had made no reference to it in any way, nor did I observe about the cells any indication of bleeding. I got Dr Huxtable to examine prisoner's nose.

By Mr Brassey—l have omitted saying anything about the guns. At one of the conversations he mentioned something about guns in conjunction with bleeding at the nose and mouth. Prisoner mentioned the word mouth. Ido not always take such a lively interest in a prisoner placed in a cell as I have done in this case. I visited the cell regularly every morning and evening, and at other times during the day. If this man had not been charged with murder I should not have visited the cell as regularly if a prisoner had been confined. During the time prisoner's boots were at Dr Huxtable's, prisoner was provided with another ' pair. The boots were returned to me on the 21st inst. I will not swear that from the 15th to the 21st the prisoner wore anything except stockings or socks with the exception of one hour, but a pair of boots were provided for him by the police,, which he would not wear. I took particular notice of the blood upon the floor, but did not take particular notice of what prisoner wore upon his feet. I usually made a note of my visits to the cell. The notes I produce were made by me subsequent to my visits to the cell. I do keep a diary of duty and occurrences reported to the police. I did not make any memorandum in that book of duty and occurrences in this case. My notes are usually made upon loose paper similar to the notes produced.

The Bench— We don't think-anything is to be gained by the course you are taking, Mr Brassey. By Mr Brassey—l make a difference between cases of larceny and murder. I did not send the socks worn by prisoner to the doctor for examination, because I did not think it necessary. I will not swear that the scratch within prisoner's nostrils was made by himself, but it indicated being made by his nail. I will not swear that it was not an old sore recently opened, but it showed the appearance of a wound recently inflicted. I will not swear it was blood I saw under the nail of the fore-finger. The cell has been washed once or twice since the 15th of February. At various times there have been several spots of blood in the passage leading to the cells during the time the prisoner has been confined there. I have not actually seen the prisoner's nose bleeding. Prisoner was not bleeding from a .scratch.

I Mr Wilkinson—We think that, nothing ! is to be gained by these questions. Mr Brassey—Do you speak for yourself and your fellow justice ? Sergt.-Major O'Grady—lt is owing to the unprofessional way in which. Mr Brassey puts his question, that I cannot reply to it. Mr Brassey—Will the Court make a note of that remark ? Mr Wilkinson—The Bench declines to make a note of the remark. Sergeant Major O'Grady here apologised. Mr Brassey—Mr Wilkinson, I do not ask you to make a vote of il; I ask the Chairman, and will you in future make your remarks through the Chairman ? Mr Wilkinson—The Bench think the counsel for the defence has been allowed altogether too much latitude, and that the depositions are being encumbered with a large amount of unnecessary evidence. The Chairman—l must disagree with the remarks of Mr Wilkinson. I think the counsel, for the prisoner should be allowed every latitude, and I do not think that Mr Brassey has overstepped that limit. Examination coutinued. By Mr Brassey—l will not swear that the blood stains which appear upon the boots might not have got there during the time prisoner was in the cells.

By Mr Thompson—During the time prisoner was wearing stockings without boots in the cells the weather was mild and warm. He refused to wear the boots provided for his use by the police. The notes produced were simply made by ma to refresh my memory, and not for permanent record. I did not observe any blood about the cells or passage previous to the boots being taken away for examination. On the evening of the 15th February, I observed blood, and again on the following morning, and on Sunday, the 20th.

By the Bench—l will not swear that there was no blood on the floor previous to the boots being removed, but there was not observable to me. The cells had been washed that tno#ning. Mr Peudant, being sworn, proceeded to interpret Sergt.-Major O'Grady's evidence to the prisoner, as Mr Allom read it over to the witness.

Hone Werahiko, sworn, deposed—l am a miner residing at Te Aroha. I know the prisoner ; I did not know deceased;. I know nothing at all about him. I remember seeing prisoner at Te Aroha on the night of Thursday, February 10th ; I saw him just outside O'Halloran's Hotel. I cannot say the time. I only remember meeting him, and the hotel was closed. I know the hotels at Te Aroha close at 10 o'clock. Prisoner spoke to me on this occasion, and said he was going to get Small man's horse; it was in a Maori's possession. He did not mention the Maori's name. Prisoner said if the Maori did not give up the horse he would strike him and fist him. !• said,. " You must not do that." Prisoner went down

towards the Paeroa road. To my remark prisoner njade no reply, and that was the last I saw of him. I cannot say whether prisoner was drunk or sober. I saw no scars on prisoner's face when he was speaking to me. By Mr Brassey—l have no difficulty iv understanding English. If there are a lot of people in the hotels at 10 o'clock, the publicans usually tell them to go out; they were making the hotel too late. I cannot say whether the hotels close earlier than 10 o'clock at times. Prisoner could speak English very well, but now he doesn't. I have not spoken to prisoner recently; I have heard what people have said; I do know how to speak English a little. I know. One-eyed., Bill at Te Aroha. I did not see One-eyed Bill in possession of Smallman's horse that night. I-will swear that prisoner did not say One-eyed Bill was riding Smallmau's horse about that night, and that.he was going to get it. I am positive I understood prisoner; prisoner said " I go out to get ' MallrnanV" horse from the Maori; he no give it me, I hit him." He did not mention the name of the Maori who had the horse; he did not point to the direction the Maori was in that he was going to take the horse from. He did not appear to be angry at the time, he was speaking to me. I did not notice any difference in prisoner's manner or appearance. When we parted, prisoner went towards Paeroa and I went to the billiard room. I did not see prisoner go. very far. I saw him pass the hotel, but'^not very far. I did not see any Tauranga natives about, Te Aroha that I knew frqm the time'of-the. races to the time'of the murder. I will swear that ihere were no Tauranga natives at Te ArohYat the time of the murder; I did not know where Smallman was on morning, but he came into.the township during the afternoon. It was light when I' was talking to prisoner; the moon was, :Up ; if he had a black eye at that time I certainly should have noticed it. I have not heard that the natives of Te Aroha have accused Smallman of killing Himiona; I have not heard the natives say that ,if prisoner is not hung, they will kill Smallman ; I do not know whether the natives have accused anyone else of committing the murder besides Smallman.

By the Bench—Prisoner had ' ■.. blue clothes on the night I was speaking to him ; the clothes are called dungaree (the clothes produced); prisoner had clothes on similar to those produced. I know nothing about the shirt . Court adjourned at 1.30 for an hour.

On resuming— James White, sworn, said he was a bushman, living at Te Aroha. He saw prisoner about half past ten on the night of the murder. Witness was standing by O'lJalloran's. Prisoner asked him if he knew where " Smallman lived ?" Witness replied "he did not know." Witness asked him "Why." He said, "If he knew where Smallman lived he would get £2 to bail him out." He believed Smallman was in the lock-up. Prisoner appeared to be half-drunk. Witness was about ISin. from prisoner. He observed no bruises on prisoner's face. Witness was standing on therising ground.looking down into his face; Prisoner then left him; Prisoner said to the Maori, "Are you going to Smallman's ? " He had never seen the Maori before; the Maori said, " JSTo, I'm going up to the bush, if you're going you had better come." Prisoner said no, he was going to bmallman's. Witness went a short.way with them, and then went to where a lot of men were singing, and afterwards went home. When prisoner went up to speak to the Maori he put his hand vp r to the latter's shoulder or neck. Two othter Maoris were standing with the deceased when the prisoner was talking to him. The two others were a little in advance. Prisoner had a blue dungaree jumper and trousers and black and white shirt. They were similar to the articles of clothing now produced. The Maori had his coat buttoned loosely round his neck, a light shirt, and a dark " billicock " hat. A fter hearing the singine he went to his tent. A short time after heThad gone to bed he heard a bind of a low wail; he did not get up as he thought' it ' was someone mimicking a cat. The wail was of a mournful tone. The sound came from the Paeroa road. He saw the body of Himiona on the following morning, and helped to lift it into the cart. It was about 7or 8 yards from the track. The sound he described appeared to come from the place where the body was found.To Mr Brassey—At the time I was talking to a man named' More. I know a house across the creek. I know it was half past ten through the time the public houses were shut up. Prisoner could stand straight, although he was half drunk; I thought prisoner was a little more excited than usual when I spoke to' prisoner; I cannot say whether drink was the case of his excitement. I don't think his shirt sleeves were tucked up. I could not swear deceased had a black hat on. The Maories appeared to have come from the billiard room opposite O 1 Halloran's. The 1 coat round the Maori's coat was a dark coloured one. I will not swear the clothes produced were the ones the prisoner wore that night, but they are similar. I haTe usually seen the prisoner wearing clothes similar to those produced, but I think I have seen prisoner wearing a pair of tweed pants. I heard voices along the Paeroa road.

[Left Sitting.]