THE OXFORD MURDER CASE.

Waikato Times, Volume XVIII, Issue 1498, 9 February 1882, Page 3

THE OXFORD MURDER CASE.

The magisterial investigation into this case was gone into at the R.M. Court, Cambridge, on Tuesday last. The Bench was occupied by Mr Northcroft, R.M., and Messrs E. Maclean and Tlios. Wells, J.P. The Court was densely crowded with natives. Mikaere Te Papa Mas placed in the dock. Messrs Hesketh and Brassey appeared on behalf of the prosecution, and Mr F. A. Whitaker appeared for the accused. Mr H. Williamson, Crown Prosecutor, watched the proceedings on behalf of the Crown. Mr Masters was swoni in as interpreter. — Mr Hesketh in opening the case, said the Bench was called upon to investigate a case of manslaughter against the accused, Mikaere, for that he did kill and slay the deceased, Hoani Te Kere, on the occasion of the Oxford races on Boxing-day last. The circumstances he would briefly lay before them. On the 26th December last, a large number of natives were assembled at races held at Oxford. Owing to some circumstance which he would afterwards explain) an altercation took place between the natives, in which several took an active part. One blow -«was struck by Mikaere at Hoani, who "'immediately fell, and was afterwards carried to the creek, where he was found to be dead j and the cause of death also discovered. It was seen that some sharp instrument had been used, and that death was instantaneous. The question therefore, was, whether it was Mikaere that struck the blow. The evidence which the prosecution would lay before the Court, was of the following character : That there was an altercation between Mikaere and deceased, and that Mikaere struck the deceased ; that persons would be brought before the Court, eye-wit-nesses to the fact that deceased instantly fell after he was struck by Mikaere. That the deceased was then carried to the stream by a native who, on finding he did not recover, turned him round and found lie had been stabbed in the breast, below the left nipple. A plan of the ground on which the murder was committed would be put in, from which the Court could judge as to the respective positions of the parties and the places and distances referred to in evidence. A key to the plan would also be put in to serve as a guide to the Court. The facts of the case were these : Peina and another man named Ngatana were engaged in a quarrel when Hoani, the deceased, went to fight. Ngatana's second, Mikaere seeing Hoani take part in the combat started fighting with him. A big ring was shortly gathered around the combatants ; Mikaere and Hoani then j worked their way out of the ring and had scrambled away to some other part of the course when Mikaere dealt Hoani a blow on the left breast which felled him. A female named Pareoralioi was standing some eighteen or twenty feet from the place where Hoani fell. There was no ring round the two men, nor was there anybody between this woman and where the deceased fell to intercept her view so as to prevent her from seeing what took place. Seeing Hoani fall after lie was struck by Mikaere, and noticing that he did not move again, she came to the conclusion he was dead, and called out that Hoani was killed. The boy Toi Toi Pavete, who was standing near the woman Pareorohoi at the time the fatal blow was struck would give evidence as to having seen Mikaere stride Hoani, who fell down. He went up to the body, and on finding it was dead at once set up a Maori cry. Parete Te lleritaku would give evidence as to his being on the other side of the course keeping order. He saw the altercation, and saw Hoani fall by Mikaere's hand. He afterwards spoke to Mikaere about what he (Mikaere) had done, and Mikaere told him something about Hoani having given him pain, never denying that he was guilty of the deed. Other witnesses would confirm the evidence of these people. Then there was the evidence of one of the constables, who would state that he saw Mikaere washing blood stains off his clothes, and that on seeing him approach endeavoured to conceal the stains. Evidence would also be produced to show that Peina was not near Mikaere and deceased at the time of the murder. — Mr Whitaker thought that the Court should hear both cases before they came to any decision. There were two men accused of the offence, and as only one man committed the deed only one should be committed. — Mr Hesketh thought that meant that the Court should agree to the separate charge being withdrawn and a joint charge preferred against both men. He did not consider it consistent, and consequently could not agree to it. To charge the two men on one charge would be for himself and Mr Brassey to be up to the pie&cnt stage of the case appearing for the prosecution, and then in the middle of the case to go over to the defence. Mr Whitaker would be at liberty to take a charge out against Peina, and then they would defend him. — Mr Whitaker renewed his application that both cases be heard before the Court should come to any decision. — The Bench thought that if a prima facie case was made out on both aides it was their duty to send both for trial. — Mr Hesketh then called A. B. Stubbing, an authorised surveyor, residing at Cambridge, who deposed as to having drawn out the plan of the ground where the murder was committed, and which was then before the court. The plan was drawn up from information received from the natives (witnesses for prosecution) through an interpreter. — Pareoralioi, a native woman, was called, and gave evidence as to having seen Mikaacre strike Hoani with his right hand on the latter's left breast, on the day of the Oxford races. She was on horseback, and Toi Toi Parete was standing near by at the time. Did not see anything in Mikaere's hand when he struck the blow. When sho saw Hoani was dead, she cried aloud, so that people could hear her.— By Mr Whitaker : Saw Peina and Ngatana fighting. Did not see first of the row between deceased and Mikaere ; did not see them until Hoani fell by Mikaere's blow. — Toi Toi was the first man I saw going to the body. Toi Toi Parete gave evidence. After the races he saw Mikaere strike Hoani on the '■ breast with his hand, Hoani fell and ' did not get up again. When he saw he did not rise, he went over and turned the body partly round, and then found it was dead. He then called out. At the time the blow was struck there was nobody else neai\ Peina and Ngatana were fighting on the other side of the racecourse. Mikaere and Hoani had a race with their horses for five shillings each. Hoani won the race, and there was some dispute between them. — By Mr Whitaker : Did not know the colour t'Of Mikaere's horse. Was first up to the \ body after it fell. Could not say whether Mikaere was drunk or sober. He, Peina, and Hoani were of the same hapu. — Tia Punoke gave evidence. He saw Mikaere strike Hoani on the left breast with the right hand. Could not say whether or not he had anything in his hand at the time. Hoani did not rise after he was struck. He went up to the body and found it was dead. He then went to look for a policeman to give Mikaere in charge. Saw Peina fighting with a man called Ngatana on the booth side of the racecourse. . Accased and deceased were fighting by themselves, none others being near them. Heard a bet made between Mikaere and Hoani for five shillings over a race between their own horses. Hoani's horse VQo, mi tiiey argued about tiw bet.—

By Mr Whitaker : There 'were two people at the body when I went up to it, Pareorahoi a woman, and Toi Toi. Hoani and Mikaere wore fighting up to the place where Hoani fell, Hoani going backwards, apparently afraid of Mikaere. — Parete Te Rerituku, examined by Mr Brassey : Knew the circumstances surrounding the death of deceased. Was present when accused and deceased made the bet about their two horses. The race was run, and Hoani was the winner. Saw Peina and Ngatana quarreling. Saw Mikaere and Hoani sparring at each other. Was positive he saw Mikaere strike Hoani in the breast when he fell. Hoani never rose again. Saw Mikaere afterwards coming down the hill in company with a lot of people, when he went and caught hold of the reins of his horse and said to him, "Do you think this is a good work of yours ? I consider that you are a chief, and should not act like this. You should try and prevent disorder." Mikaere replied that Hoani struck him, and he was pained, and that was why he struck him. — By Mr Whitaker : Watched both parties sparring until Hoani fell. [At this stage of the proceedings, the Court adjourned to 9 o clock yesterday , morning,]