THE OXFORD MURDER.-INDICTMENT QUASHED AND FRESH PROCEEDINGS INSTITUTED.

Waikato Times, Volume XVIII, Issue 1487, 14 January 1882, Page 2

THE OXFORD MURDER.INDICTMENT QUASHED AND FRESH PROCEEDINGS INSTITUTED.

OUR,- Auckland correspondent writes \-f In the Supreme Court yesterday (Thu»day) Te Papa, ( ,ihe native who staida charged with the murder of MoawTe Kere, at Oxford, on the 26th ultim4 was formally ; arrainged "under **indiyi«ment charging him with manslaughter. Mr^ H. Williamson, E. Hesketfcf, a»4 G.|rNr Brassey appeared for the prosecution, and -Messrs F..-.-A. Whitaker, John. Sheehan, and R. Browning for the defence. After tlie legal preliminaries for the trial had been concluded, counsel for the prosecution explained that in consequence of the indictment not having been endorsed by the Grand Jury, in terms of their verbal finding, the case as it stood, could not be proceeded with. The indictment, as presented to that jury, had been murder with an alternative of manslaughter, and ,while the latter was the finding returned, the indictment was allowed to' remain as originally . framed. The ' presiding Judge (Mr Justice Gillies) acquiesced' in the opinion of counsel, and the indictment as framed was accordingly quashed. The accused was then re-arrested /on a fresh warrant, with the view of having the proceedings instituted de novo. A auestion_Mm« ra.iaor] jw-jta-the-paymenfc-of - the witness subpcened for the defence. The Judge said there was no power in the Court to order such payment ; at the same time he thought there would be no difficulty in getting Government to defray these expenses, seeing that the case had failed, not through prisoner's fault, but to some extent through the fault of the Crown.

Accused was bnnight up before the B.M. Court at a later period of the day — Mr J. E. Macdonald, R.M., presiding — for preliminary examination under charges similar to those originally preferred. Rewia Te Kere, the other native at first implicated "by the police, was also placed in the clock, so that the case might be _gone into as it was originally commenced. Mr Whitaker with him, Mr Browning, who appeared for Te Papa, applied that the case might be remanded to Cambridge. He added, in explanation, that there were a number of native witnesses belonging to Cambridge who were not in attendance, and it would be unfair to the prisoner to proceed with the 'case in -their absence. Mr Brassey, who appeared for the other prisoner, made a similar application. In resisting the application, counsel for the prosecution pointed out that it was understood the Crown would defray the cost of witnesses for the defence Consideration of the applications made was adjourned till the following day, to enable counsel to ascertain definitely as to whether or not Government would, under the circumstances, undertake to pay the cost of defendant's witnesses.

[per telegraph.] Our Auckland correspondent wires last night :— At the opening of the Resident Magistrate's Court to-day, before Mr Macdonald, R.M., the Crown Prosecutor, Mr Williamson, made an application to have his objection to the case of Rcgiua v. Te Papa and Te Kere being heard at Cambridge withdrawn, and consented to the case being heard at Cambridge. The former information being one for murder, wag amended to one of manslaughter. Both prisoners were admitted to bail in £200 each, and four sureties of £100 each to appear at Cambridge on Monday first.