The Oxford Murder. THE INQUEST.

Waikato Times, Volume XVII, Issue 1481, 31 December 1881, Page 2

The Oxford Murder. THE INQUEST.

Wednesday morning last the two natives Mikaere Te Papa, and Peina Tahipara, arrested on suspicion of having caused the death of Hoani Te Kere, by stabbing him at Oxford, on Monday last were taken to Oxford under charge of Constable Brennan to attend at the inquest on the body at Montague's Hotel. The body of deceased was lying in a tent near the hotel, and was carefully looked after by a number of the Armed Constabularly. Dr. Cushney who had charge of the body did not hold his postmortem examination until after the coroner, Mr Searancke, had arrived, as the natives refused to have the body interfered with. A jury was emp'annelled of which Mr Isaacs was chosen foreman, a,nd after viewing the body the inquest was proceeded with. — Mr F. A. Whitaker, barrister, watched the proceediugs on behalf of Mikaere and Mr Brassey, (Thames) for Peina te Kere, — Constable Brennan conducted the inquiry. Charles Hitchman was the first witness called ; he deposed that he was at Oxford the day of the murder and saw, the accused. He knew diseased and saw him the same day. The first disturbance he noticed between Peina and diseased, his brother, occurred between one and two o'clock when both were fighting near the booth. Peina was then very drunk. Abont an hour afterwards they were fighting again. Deceased was riding in the Hurry Scurry race. He heard Peina go up to him and say if he did not win the race he would kill him, as he had been swindling him all day. Deceased did not win. About half-an-hour after the race witness saw both brothers fighting again. He was then on his way home to the hotel. Seeing the two fighting attracted his attention and he went up to them. The other accused (Mikaere) rode up afterwards. Witness was getting off his horse when he saw deceased knocked down. Mikaere was on his horse at the time. It was Peina struck the blow. The other accused (Mikaere) appeared to be trying to separate the eombr.tants. A good tew present were very drunk. Was positive Mikaere was on his horse beside him when deceased was knocked down. A native called Wilson and some others carried deceased to the creek. It was nearly an hour afterwards when witness heard he was dead. Did not see deceased rise after he had been knocked down. Peina said to deceased, "I will kill you ; I will pukuru you in the belly if you don't win this race. " James Ransfield, who was standing alongside him, heard these words also. Did not notice anything in accused's hand when he struck the blow. Observed shortly afterwards one of his trousers' pockets inside out. He may have used a weapon such as a knife and he (witness) would not have observed it. Knew both accused and deceased for a considerable time. —By the foreman : Did not believe Mikaere had touched a drop of drink that day. The other accused (Peina) was very drunk when arrested ; his lips were bleeding, his pockets were hanging inside out, and he could hardly walk. Had seen no fighting on the racecourse after he saw the ten or twelve men in the suffle around both accused and deceased. — By coroner : Deceased, to my mind, was a little the worse for liquor. Never saw Mikaere off his horse at the time deceased was knocked down. There was one native woman in the crowd, who waa trying to separate the two men. Am qiiite certain it was Peiua knocked Hoani TeKere down. — A native named Whiriana Ngatiri was next sworn, and deposed he lived at Tapapa ; knew both accused and deceased ; saw them at the Oxford races ; saw the quarrelling between Mikaere and Hoani, the deceased. Mikaere struck Hoani and he fell. Assisted deceased to the creek, and when there he saw where the knife had gone. The races were then over, but did not know the time. Mikaeie and deceased were then by themselves. —By the foreman : Never saw Peina and Hoani fighting on Monday. Mikaere had a horse with him at the time, but left it standing. Could not say whether the horse stood quiet or not when the owner was fighting. Saw nobody strike deceased but Mikaere. Did not see previous witness when the fighting took place. Did not know the reason of the quarrel. There was a dispute about a bet of five shillings between Hoani and Mikaere. — Dr Cushney sworn deposed : Had seen the body of the deceased Hoani then lying in the tent outside, and had made a post mortem examination on the body. Externally was to be seen a cut transversely below the left nipple about six-eighths of an inch wide. Internally when the plural cavity was opened was to be found a mass of black &emi- coagulated blood, also a wound across the left ventricle of the heart. Had no hesitation in saying that it was all done by the same instrument, and that the cause of death was owing to the puncture of the heart and hemorrhage. The large blade of a medium-size pocket knife would inflict the wound, which was only two inches deep. A blade similar to the one produced would be an instrument likely to cause the wound. — Te Punoki sworn deposed : I knew both accused and deceased, and saw them on the racecourse on Monday, last. Saw Mikaere and the man who is dead ; they were quarrelling. Saw Mikaere strike the deceased, who fell down. Then went up to deceased and saw he was dead ; also the spot where he had been struck. On looking round saw Mikaere getting on his horse. He then went for a policeman to take Mikaere, and left the dead man lying on the ground. — By Constable Brennan : Did not see anything in Mikaere's hand. Mikaere was first on horseback, but when fighting was on foot. Did not see Peina fighing with deceased. -Did not hear Peina threaten his brother through the day. — Parete Rerej tuku, sworn, deposed : Was at the races, and saw both accused and deceased there. Noticed quarrelling between Mikaere and deceased. Both were together, and no one near them. Mikaere struck deceased, who fell, and when he went to look at the body, it was quite dead. He then went to look for Mikaere, whom he found, and told him this was bad work, and Mikaere answered back that the dead man had caused him pain. Had never known the brothers, Te Kere, to fall out. Had heard Mikaere and deceased make a bet of five shillings. — Toi Toi Parete, sworn, deposed : Knew accused and deceased. Saw Mikaere strike deceased one blow, and afterwards get on his horse. He went up to deceased, and on turning his head, saw he was dead. Was first at the body after deceased was struck, — Parearohe, a native woman, sworn, deposed : Saw Mikaere strike . Hoani one blow, when he (deceased) fell. She then called out Hoani was killed by Mikaere. — Te Ria Paihua, sworn, deposed i Saw the brothers Peina and Hoani fighting at the commencement of the races. Afterwards heard Peina say toihis brother he would cut his stomach. Saw the fight afterwards, in which Hoani was killed. Did not see deceased fall, there being so many standing round them. At the time of, the row he had seen Hiteßmah'J ' 6n : fdof i leading his horse, and Mikaere 'on horseback olose be side him. — Te. Mapu, And , Hereaei gave evidence similar to that already given by previous witnesses.; They, saw Mikaere strike the blow and then ride away, but

did not see any Europeans present at the time. — George Hastie, Constable A.C. Force, gave testimony. Had met Mikaere between the .hotel, and the racecourse, and he (Mikaere) told him a man had been killed at the course. Also, that two brothers were fighting, and on going to separate them, he got struck a few times himself. — Patrick John Fitzpatrick, A.C., deposed as to having 1 arrested Peina Te Kere.< Had searohed him, but found nothing but money on him. Hod passed Hitohman with Ransfield going over the Orakau bridge at about the time the the murder took place. —Ereu Tahitangata testified as to haviug E«an both brothers fighting early in the day about a woman, but did not see them fight when Hoani got killed. — Constable Brennan gave evidence as to having had the prisoners brought to )rfm on Monday night aboatl2 o'clock, and having locked them up. On examination, had found blood stains on both prisoners. In the morning when Peina was shaking his blanket a piece of a pocket-knife blade fell out, the same as had been before the jury sines the open* of the inquest. Mikaere denied the ownership of it,but thought it belonged toPiena. — The coroner having addressed the' jury drawing their attention to the fact that drunkenness, according to the evidence, had had a great deal to do in the matter, the jury retired to consider their verdict. After retiring a, second time the following verdict was returned :— " The jury do upon their oath say that Mikaere Te Papa, an aboriginal native, did, on the 26th December, 1881, one Hoani Te Kere feloniously kill and slay by stabbing him to the heart with some sharp instrument, against the peace of our Sovereign Lady the Queen, Her Crown and Dignity." — The prisoner, Mikahere Te Papa, was then formally committed to take his trial at the next sitting of the Supreme Court for the above offence, the prisoner Peina Tahipara being discharged from custody. The prisoner, Mikaere, was admitted to bail by W. N. Searancke Esq. , coroner, himself in £500, and two sureties of £250 each.