McDonnell, considering the position too strong to be carried by assault, determined to strike out to the left through the forest and retire. Von Tempsky and Major Hunter pleaded with him to let them charge the stockade, but the Colonel would not consent, and presently ordered the retreat. Moving off, he sent a message to von Tempsky telling him to collect his men and form a rear-guard. He sent the wounded on with Major Hunter and Captain Newland, and followed with about eighty men, cutting a way through the undergrowth.
Von Tempsky remained, angry and disgusted at being refused permission to storm the pa, but too good a soldier to disobey orders. With him were most of the men of his two Armed Constabulary Divisions, No. 2 and No. 5, with Sub-Inspectors (Captains) Brown and J. M. Roberts, a few Patea Rifle Volunteers under Captain Palmer, the Wellington Rangers under Lieutenants Hastings and Hunter, and about twenty-five Taranaki Volunteers under Lieutenant Rowan.
Sword in hand, von Tempsky moved restlessly to and fro, regardless of the bullets that hummed about him. He ordered those nearest him to take cover but himself remained erect, angrily cutting at the undergrowth with his sword. And there he was when a Hauhau bullet found him.
Now I will let the Maoris tell their story of how von Tempsky and his comrades fell. Tutangé Waionui says:
"When the attack on our pa began, two or three of us, including Hotu and Tihirua, climbed up on an old partly hollow rata-tree that grew in a slanting position near the centre of the stockade, in order to see whether it would be a good place from which to fire at the pakehas. A little way up it forked into two large branches, and it was from this fork that we intended to fire. However, we found that it did not suit us, as we could not see anything of the soldiers who were hidden in the thick bush outside the stockade, so we rushed out into the forest, seeking our enemy.
"There were two large rata-trees outside the stockade, but the statement made that von Tempsky was shot from a rata is incorrect. I have seen a picture which purports to show him being shot down by a Maori perched in a tree. This is altogether contrary to fact, as I will explain to you.
"When we rushed out to the rear of the pa the soldiers were rapidly approaching the stockade. We crouched down amongst the undergrowth, close to the little creek, and directed our shots at the thicket which grew between the pa and the creek. Some of the soldiers, crossing the creek, were in this part of the bush, and soon I saw Manu-rau (von Tempsky). Heavy firing was going on all this time, and many white men had fallen. Presently many of the soldiers withdrew, carrying their wounded, but Manu-rau remained with his men, his drawn sword in his hand—the long curved sword which had already become famous amongst the Maoris. He came out into clear view of us, within a very short distance of where we were crouching—I should say less than half a chain. I fired with the others. One of our bullets struck him—I have always believed it was mine. One of his fellow-soldiers, who was close by, ran to pick him up, and he too fell, shot by one of my companions. Others ran out to rescue the fallen pakehas, and they were shot down by us and by the other Maoris, until soon there were nine white men lying dead or wounded around Manu-rau.
"When the Government forces had fallen back before a kokiri, a charge, led by Kātené Tu-Whakaruru, the Hauhau leader and scout, I ran out to where Manu-rau was lying dying on the ground. He seemed to be still living when I reached him. I snatched out my tomahawk from my girdle and dealt him a cut with it on the temple, to make sure of him, and killed him instantly. Then I took from him his uniform cap, his revolver and sword, and a lever watch which he had in his pocket.
"The sword, revolver, watch, and cap which I took from the soldier-chief's body I carried into the pa and laid before our war-chief Titokowaru. That was one of the rules observed by Titokowaru's war-parties; the spoils of war must be taken to the chief for division. I was given the revolver, and used it afterwards in the war.