THIS DAY.

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

THIS DAY.

The Court resumed at 10 a.ra

Toroirc. a witness in the above case was brought up before the Bench charged with being drunk- and incapable last evening. The witness pleaded guilty and was fined 10s, or 48 hours' imprison ment.

Mr Sandes, re- called, deposed—l prepared the plan of prisoner's wbare, produced and marked 0. The whare was constructed of light saplings from the bush, and covered with, raupo. The roof ran from the ridge-pole to the ground without any side walls. The plan shows the floor of the whare inside.

By Mr Brassey—l made the plan produced in Grahamstown yesterday, but the measurements from which I prepared it were taken about the 19th of February. I have seen the site of the whare since it was burnt down. I could not swear the whare was burnt down. .

Henry Hinton, sworn, deposed—l am a sawyer residing at Te Aroha. I have seen prisoner before at Te Aroha. I knew the whare he occupied at Te Aroha. It was a raupo whare. I remember its being burnt down last Tuesday night, 22ud February. I visited the spot where the whare had stood next morning. I was kicking the remains of the whare about and found there a clasp of a purse and three rings. They had the appearance of having been in fire. I rubbed one a little, but did not clean it. On the ring I rubbed I observed two letters scratched on the inside which I thought were M E. I know one letter was M, but whether the other was S or J, I am not certain. Mr John Moore, a miner, was with me at the time I found the rings. The entrance of the whare faced the river Waihou. I found the rings on the right hand side^of the whare as you entered it. They were lying about the centre of the whare on the side I have mentioned. The clasp and the rings were almost close together, about an inch apart; I handed the rings to John Moore, who was with me when I found them ; I should know them again if I saw them. " (The rings and clasp were produced and witness recognised them as those he gave to John Moore ) They are apparently two silver rings and one brass.

By Mr Brassey: .We went out of curiosity to look at the remains of the fire. There was nothing; smouldering when we went. While I was present Mr Moore was the only person with me. The police did' not ask me to go there and inspect the re4nains of the fire. I did not know before I went there where to put my hands on the rings. It was the largest of the two silver riDgs I rubbed. (Mr Brass'ey-. Victoria Gratia, inside). It has letters inside which I take to be M.K. or MM., apparently scratched. The rings produced were all blacker when I found them thun they are now. I had heard nothing of the rings when I visited, the scene of the fire. Ido not know who the rings are the property of. John Moore will be a witness 1 in the case. During last week I was deing no work in a claim. I was working on the roads off aud on in Morgantown. I was at work the day I went to visit the scene of the fire. When I picked up the rings it was about 6 o'clock in the morning. Moore and 1 went to the whare together. I was goinij io wash at the time I met him. We both live in the same hotel. It was I wfio suggested we should go across and have a look at the remains of the fire. After handing the rings to Moore I once saw them in Constable Hogan's hands. I found the rings about six inches from the side of the whare, but about half way down from the door. I. know the billiard room at Te Aroha ; I have been in it several times, and sat down in it. I sat down on the forms round the side of it. I believe the forms in the billiard room are fixtures, but I have not taken any particular notice. I believe there are two forms in the room, one on each side.

By Mr Thomson—i canuot say whether the rings now look as If they had been in the fire. lam no judge of those things. The brass rim; does look as if it had been in the fire. I know they have all been iv the tire. I cannot say whether the forms in the billiard room are loose or fixtures.

John Moore, sworn, deposed—l am a miner working in the Sunbeam claim at Te Aroha. Lknow prisoner. He also worked in the Sunbeam claim, and represented an interest owned by Hone Werahiko. I knew the whare occupied by prisoner and his mate, John Moore. The whare was distant about 100 yards, more or less, from my tent, and between my tent and the riper—westwardly. I know the whare was burnt down on the evening of February 22nd ; I saw it burning. The next j morning I went with Henry Hinton to look at the remains of the whare. I was at the creek washing when Hinton came along and said "Let us go and have a look at the ruins of the whare." While looking at it I saw him stoop down, and heard him call out, " I have got some jewellery." He picked up three rings and the clasp of a purse. I asked him to show them me, and he handed me two ; one was a ring, and. the other a keeper ring. While cleaning the keeper ring to see if I could find the gold mark, I observed some letters inside, as if cut with the point of a knife; they were apparently rudely cut; all I could make of the letters at the time was either I W or M I. I saw nothing on the second ring

except 1872. I judged if: was made from j a shilling, and. that was the date it was issued. While rubbing the rings I partially cleaned them ; then asked Hinton for the third one, and i examined it, and found marks of letters on the inside of it, apparently cut with a knife. The letters appeared to be similar to those on the brass ring;. I kept possession of the rings and afterwards gave them to the police. I recoguised the articles produced as the rings and clasp I handed to Constable Hogan; I will not swear to the clasp. (Witness then confirmed the evidence of the previous witness as tj the positions in which the articles were found.) On the night of the murder I saw prisoner for a few minutes, about 8 o'clock, between O'Halloran's and the British. He appeared to be under the influence of liquor, and was a little excited ; so far as I ,could see he had no bruizes or cuts about his face at that time. I saw him nest morniug. He came to my tent between sis and seven o'clock. Prisoner asked me who was on shift. I did not take particular notice of his face at that time. I told him no one was on shift, but I expected we would all go on about eight o'clock, Ke then went away, and came back shortly ufter with his crib in his hand. He said he hoped. Frank would not, go to work that dsiy because he was sick like a dog. Frank waa his working mate in the claim. I askftd him why he did not want to go to work, and he replied he had been drunk the night previous. I nownoticed the skin was knocked off one of his cheekbones. He came into my tent and apparently went to sleep. He remained there until woke up by the witness Cook at 8 o'clock, when he got up and went out.

By Mr Brassey—l was not drunk lust night. I am not aware the police were going to call me last night and did not do so because I was drunk. Ido not know how the whare was burnt. I have never been inside prisoner's whare except going that time since the fire. The rings were found from sis to nine inches from right hand side wall, near the centre of the whare. I saw Hinton pick up the three rings one after the other, and the clasp last. When Hinton picked up the rings they were quite black; they were as black as they could be from being burnt; they had no reddish tinge about them that I could see. The rings have been cleaned since. When I saw prisoner on the night of Thursday, February 10th, between 8 and 9 p.m. I was quite sober. Ido occasionally go on the "spree." I will swear positively that when I saw prisoner he had had drink, but was not what I would call drunk. He was a little excited, but I will not swear it was not caused by drink. The night was so dark that we had trouble enough to come from the mine at eight o'clock. We generally use lanterns in coming down, but we had no candles that night. Owing to the darkness I did not take any notice of any marks on the prisoner's face. I cannot swear there were no marks on his face at that time. The only mark I noticed about him the next morning was ihe scar on his cheek-bone. It appeared as if the skin had been knocked oft by a blow, and not by a fall. I will not swear that scar was not caused by a fall on an ordinary sized stone on ihe road. I know the billiard room kept by George Macfarlane at Morgantown. I have been in it very often. I have frequently sat down in it. The seats run nearly the length of the room on each side of the room. The seats were fixtures to the floor or wall, but I know they have been altered. It is about a month siuce they were altered, as near as I can remember. I cannot say whether they were altered before or after the murder. The night the whare was burnt down it was a still, night. I believe if was burnt down about 10 o'clock p.m. I believe it was unoccupied at the time it was burnt down.

The Court adjourned till 2,15 p.m

On resuming—Constable Hogan, sworn, deposed —I am stationed at Te Aroha. I produce three rings and a clasp of a purse I received them from the last witness, John Moore on the morning of Feb. 23rd. He informed me how they came into his possession. After I received them I examined them. The articles now produced are the same I received from the witness Moore. It has. been burnt down since prisoners arrest. It was burnt on the night of the 22nd February.

By Mr Brassey—l made 'enquiries as to how the whare came ■. to be burnt. I did not find out who burnt it, or how it came to be burnt down. I saw prisoner the night the murder was committed— Thursdaj', February 10th. I saw him about 9 o'clock, at the Police Station 1: I know Macfarlane's billiard room, and have been in it pretty often. X cannot swear whether the seats in it are nailed to the wall or the floor. Nothing was reported to me in cprinectiou witli the prisoner after 9 p.m. on Thursday, Feb. 10th.

Hoera te Miaiiha, sworn, deposed—l live afc Ohineruuri, near JPaeroa. I knew deceased, Himioua; I knew him well; we lived in the same house. 'The house belonged to mt>. I last saw Himiona. alive on Thursday, Feb. 10th, about 3 o'clock. I saw him at Morgan'wvn in the billiard room; I saw he had a purse on that very morning ; to the best of my knowledge, it was made of leather with an iron clasp ; it was about 9 o'clock that morning that I saw him with the purse ; I went to ask him for some money for the protection of our claim, the Harbour View ; he guvs me one shilling ;' he took it out of his purse; he had a note and threo shillings in the purse. I have seen Himiona with rin£s ou his fingers two silver ones and a brass one before and sines Christmas. One of the rings, the newest had a ridge around the centre of the outside. The older one had no ridge, ie was worn. The brass ring was a flat one, it had been worked about by the man that made it. I saw the new silver ring baing made by Himiona from a shilling I cannot say, whether the other was made from a shilling, nor who made- it. I have not had any of the rings in my possession ; I have seen one of the three rings in the possession of my daughter ; she had the new one ou her hand. Himiona made it for her ; the shilling belonged to her. I do not know if there was anything inside the brass ring ;• I never took it off Himionu's hand. I cut with a knife the word " Mihi " inside the larger silver ring worn by Himioua; it was on when it was in my daughter's possession; I took ifc oft" her hand. I could identify the ring I have described if I saw it on the table. (Kings placed on the table ; witness immediately picked up one and said it was the one' on which he had scratched the name Mihi. (The ricg was examined and the word found in it.) I have seen the brass ring now produced iv the pos*

session of my daughter. It is now much blacker than it was then. The brass ring produced is similar to the one worn by Himiona, and which I have seen in my daughter's possession. There is writing inside of it, but I cannot make out what it is. I cannot say whether the brass t ring which I have seen in my daughter's possession belonged to herself or Himiona. Himiona's mother was my sister. It is a very strong custom amongst native relatives to wear each other's jewellery. lam quits positive the name Mihi cut in the larger silver ring was cut by myself. The clasp produced is is similar to the clasp I have seen on Himiona's purse. Mr Brassey's cross-examination had commenced as we went to press* ~- The witness said that he accused Smallman of the murder because he was released from the police tent at twelve o'clock. Smallman passed by the body of deceased, and, as he did not say anything to him about it (having met him shortly afterwards), he concluded that Smallman must have had something to do with the murder.

[Left Sitting.]