THE TRIAL OF MAHUKI.

Hawera & Normanby Star, Volume IV, Issue 462, 6 April 1883, Page 2

THE TRIAL OF MAHUKI.

VERDICT OF GUILTY. AUCKLAND, This Day. At Mahuki's trial, after considerable difficulty, a plea of not guilty was entered for each prisoner. Doubts then arose a> to Mr. Earl's authority for appearing on behalf of the prisoners. , Mr. Earl stated he had had geveral interviews with the prisoners, and had not been able to get any coherent answer from them. They did not appear to regard him as their counsel. The interpreter put the question to Mahuki, whether he gave authority to Mr. Earl to appear for him and his fellow prisoners. Mahuki replied : " The lawyer who will plead for me is a European, the jury are Europeans, his Honor is a European, and I am a native — therefore, I do not consent." The other prisoners wtre a»ked the sa.mo~qu.estion, bufc made no reply. The interpreter was then directed to inform the priioners that Mr. Earl had been employed on their behalf out of a desks to help them, and if they declined his services they must be left to thtir own devices. Mahuki answered : " I have nothiug to say, nor can I say anything. I am a Maori, and the lawyer i« a European ; I did the wrong, and I have been brought here for it. I have not the slightest wish to evade the punishment, or to shift the onus for my act upon anyone else. If it

is for my good that the lawyer should appear, let him do so ; if it is for my evil, let him do so : I am merely a dog in my master's house." The prisoners were then informed that the fees of the lawyer were already paid, and that his appearance for them would cost them nothing : that, so far as they were concerned, he did the work for love. Mahuki replied : " A slave chief has no power to give authority for anyone to appear." His Honor —It is quite clear that counsel cannot appear without the assent of prisoners, and however much I should like to have Mr. Earl to act for the defence in this case, I cannot rule otherwist. It would be a considerable relief to rue to have him act for them, for when prisoners are unrepresented by counsel it becomes the duty of the judge to protect i their interests so far as he can, and the duty is a difficult one in a case of this sort. Mahuki has shown very clearly that he declines to give any authority for | the lawyer to appear for him, and all I | can say is this, that I should be very glad for Mr. Earl to continue his services by watching the case for priioners, rather than by acting as counsel for them ; that ' is to say, that he should assist in so far as points of law are concerned, leaving prisoners to tender cross • examination themselves. That seems to me the only position he can take up. He will thus act as amicus curiae, urging in prisoners' favor any matters of law he can. Ido not see any other course after prisoner! have refused the assistance proffered th«m by the Government. Mr. Earl : I shall b« very glad to adopt your Honor's suggestion. Prisoners were then told they would now have to make their own defence, and show the Court they were not guilty of the I charge alleged. Win. Newsham and Te Wetove Te Rerenga repeated the evidence given last week in the Police Court, and it was corroborated by Hursthouse's statement. The jury returned a verdict of guilty. Judgment was reserved till the remaining charges were heard.