THE MURDER CASE.

Thames Star, Volume XII, Issue 3799, 2 March 1881, Page 2

THE MURDER CASE.

(Before Messrs Ehrpnf'ricd and W. Wilkinson, Esq-!., J.Ps., and Wikiriwhi Hautonga, IN'alive Assessor.) lifter we weut to press yesterday tbe followiug evidence was taken :—

Kingi Haera, said—l belong to Ohinermiri. I was at Te Arolia the day after the races, and remembered seeing the prisoner on that day. I saw him at Morgtintown. I first saw him between O'Halloran's hotel and the creek near the hotel. It was 'night time, but I could not say what time it was. O'Halloran's was closed. I was with a companion (Karaka) at the time I saw the prisonerThe prisoner was with deceased. I and my companion carried on a conversation with prisoner and deceased. The deceased was dressed iv a black coat, a black hat, and a striped pair of trousers. The trousers were check. The coat was buttoned round his neck, but his aims were not in the sleeves. The prisoner was dressed ia blue clothes, and to the. best of my knowledge they were of dungaree. I did not notice whether deceased's shirt sleeves were tucked up. Deceased had two sleeves to his shirt; but I could not see them on the night of the murder. Karaka and I called out to deceased to come home, and he replied, saying " Wait a, while ; I want to speak to the pakeha,'' moaning the prisoner. Be replied the second time, '" You go on; I'll come afterwards." After starting we looked round to see if th<;y could see prisoner coming. We looked round when we got to Tetley's house. We saw. prisoner and deceased still talking. I did not see them after that. I am positive I last ?a.w deceased in prisoner's company.

Cross-examined by Mr Brassey—l am Himiona's younger brother. I have not spoken to Haora te Mimiha about the cast-. I know lie wore dungaree because I saw him wearing them. I only heard two words of what passed between prisoner and deceased when I and Karaka left them near the creek. I cannot speak English very well, but understand it when I heard it. The man was a European, but I c^uld not recognise him again. I know thut Himiona had some rings on his fingers before dinner that day, but after dinner hn placed them in bis purse. I was present in the billiard-mom when he (deceased) put them in the purse. Himiona's hand was not bound up in any way when I last saw him on Thursday night. I saw Prokoffi and deceased wrestling. Prisoner was, to the best of my knowledge, a little the worse of drink Hrokcffi had been wrestling a t;ood deal that deal that day. I did not notice prisoner having any blood on his face that day. lam positive there was no blood. I did not notice blood issuing from his face. Mimiona was a stronger man than thft prisoner; at least I saw my brother throw the prisoner on the race course ; bnt^he might have been drunk at the time. My camp is a good, way from the scene of the murder. Prisoner and deceased were wrestling at first for fun; but when prisoner was thrown he became angry. I was not standing near Karaka at the time the wrestling was going on, but was walking about. Ai'cer the wresiliDg was over prisoner said something to deceased. He said that if they were to play knives deceased would be no match for him. He was positive he heard-Proccffi say, " If the Maori play me with th<^ knife, I beat the Maori." Procoffi took his knife out of his po'eket. Karaka was there at the time, but he was not standing at my side. I believe Karaka heard all that was said, for he was near enough. I would not say that- Karaka was telling an untruth in saving that prisoner only put his hand iv ins breast without taking out a knife, as Karaka might only have seen that; but what; J. am rclatiiiij was true. I was standing six yards from Karaka. The knif« was shut when the prisoner took it out, and he did not open it. I have not heard the nativeu say they would kill Smaliruan ir he 'got off. There were no strange natives about, at the time of the murder. On the day of the murder 1 heard prisoner ask Hitniona to fight. Both of them wanted to fight. Prisoner was not at that lime drunk, neither was I. I am not in the habit of drinking. 1 did no!; see the shirt' prisoner wore .that nipht, a:i it was inside his coat.

He-examined by Mr Thompson—The reasou Himiona took the rings elf his fingers was: in order to enable hitu to remove sonic heavy forms iv the billiard room. He. felt, whilst doing so, that the ■rings hurt his fingers, and he took them off', and found, one of them was slightly bent. He placed the rings iv a purse, which ho put into his inside coat pocket.

Carl George JJasnmssen deposed—l am a miner, residing nt Te Aroha. I know Hie prisoner. My house is uof the nearest habitation to that of prisoner's. •There is a small stream near prisoner's whare, which runs through a small wooden shoot, then into a drain, and thence into the river. The stream runs continually. The shoot is about 25 or 30 yards from prisoner's whare. I lived about 30 yards from prisoner's whare. Prokoffi was always dressed in a dungaree suit, jumper and pants, He worked in the old suit, and put on a new suit in the evenings and on tiuodays. On the evening of Thursday, the day after the races, ■he savr prisoner np to 9 o'clock. He was in Morgantown. He was theu wearing his best suit of dungaree. I saw him from 4 to 5 o'clock, up to nine. A portion of that time was dayiight. He did did not see on his clothes he wore that evening any dirt or mud which would neeessiate their being washed. He saw him next morning in charge of the police. He was then wearing the old suit. He was quite positive the suit ho was then

wearing was not the suit ha saw him wearing up to 9 o'clock the previous evening. Cross-examined by Mrßrassey: He had always known the difference between the two suits. He always took a note of 'he suits other people wore if they were of the same colour. As a rule when the prisoner came off shift he changed his clothes, putting on the new ones to go into the township. He had seen him with the new suit on a dozen times at least. He spoke from memory. Witness looked in at the inquest. He believed the prisoner's clothes had been washed or dipped. He did not know whether they were damp at the inquest, but Jthey appeared to be so. They did not appear to be mouldy then. Witness was in the township when he saw prisoner with the new suit of clothes on. He saw prisoner reveral times between four and nine p.m. on Thursday, pretty nearly in one place. He was standing almost every time in front of the British hotel. Witness did not see every part of Procoffi's clothes, but he saw the back and front. He could not possibly see the whole of his clothes. He could not say that he always put on the new suit in the evenings. He could not recollect whether he ever saw him wearing the new suit on a Sunday. Ec examined —Witness was a native of Denmark.

The Court adjourned at 11.45 p.m. to 10 o'clock this morning,