SUPREME COURT.

Anglo-Maori Warder, Volume 1, Issue 7, 6 June 1848, Page 2

SUPREME COURT.

Auckland, Thursday, June 1, 1848. The Court was opened for Criminal business, and his Honour, the Chief Justice Martin took his seat at a few minutes past ten o'clock, when the following gentlemen were enrolled on the Grand Jury. Foreman:—R. A, Fitz Gerald, Esq. R. C. Barstow, J. L Campbell, W. S. Grahamc, A. Kennedy, L. M'Lachlan, J. I. Montefiore, C. Seater, M. Whytlaw, C. Lawfer, H. Carlton, W Brown, W. Nihill, W. Davies, H. Weeks, and W. Connell, Esqra. The Grand Jury then retired to their room, and in a short time the foreman presented n Court a True Bill of indictment against Joseph Burns for the murder of Lieutenant Suow, on the night of the 22nd of October last. Joseph Burns was then arraigned on the above charge, and having pleaded " Not guilty,'* was placed on his trial. The Attorney-General opened the cue for the prosecution by detailing the circumstances of the burning of the house, the discover; of three bodies beneath the ruins, the ideut'ficatiun of one of them as that of Lieutenant Snow, the conviction of the prisoner for another crime, his subsequent confession, whereby be accused himself of being ao accomplice in the murder, nd two other individuals along mVx him, and afterwards hjs recantation of Ike whole statemcot. The

learned Attorney-General alluded to other direct and circumstantial testimony, which be would bring Forward, and proceeded to call the first witness, F. W. Gough, who being iworn, stated —I am a lieutenant of H. M. S, Dido; 1 remember where the Dido was lying on the night of the 22nd October last; it was within a quarter of a mile of Mr. Snow's house; I was acquainted with Mr. Snow; he was a lieutenant of the navy on half pay; I remember the time that Mr. Snow's htmse was burned down ; I was officer of the middle watch; on the morning of the 23rd, between the houis of one and two o'clock, the midshipman of the watch reported a fire on shore; on observing the direction of it, I knew that it was the bouse of Lieutenant Suow, and immediately reported the circumstance to Capt. Maxwell, who ordered me to take the cutter with all despatch, and render every assistance in my power; I shoved off for the shore in about four or live minuteß after, and then observed the roof of the house fall in; I landed immediately under ihe which was about sixty or eighty yards distance from the burning house, and then proceeded to the ruins with the boats crew, ordering them to bring water from the beach ; Z called out the name of Lieutenant Snow several times, but received no answer ; I then proceeded with Mr. Peacock, the mid* ship man, and two men, to the house of Oliver, which wan nearly a quarter of a mile from Mr. Snow's house, rapped at the door, and inquired if Lieutenant Snow was there; the answer from some one within was, " No, this is not his house;" I then said. " Are you not aware that his bouse is burned down ?" he critfl '• No," with an exclamation of surprise, but said tU f he would come out immediately; 1 then sent the minahipman and two men up to the signal post to ascertain if Mr. Snow had gone there; I then returned to the fire, and the midshipman and Dudor came, and Oliver directly alter; the midshipman reported that he was not to be ifound at the signal post; I then requested Da lor and Oliver to point out the pait of tbe building in which the family slept, which was done by hem both; I then extinguished the flames in that direction, and directed one of the men to take a shovel, found on the premises, and scrape carefully the layers of ashes; in doing so he discovered the b-dy of Mr. Snow, directly after, that of Mrs. Snow, then that of the child ; I cautioned the man several times to scrape carefully w.th the shovel; I had the bodies laid out, and placed in charge of a sentry; 1 observed that one of the tegs of Lieutenant Snow was broken; one leg of the fern le gone altogether, apparently broken off, and I b-.lievc both legs of the child were missing; I did not minutely examine the bodies j nor was not aole to identify any of them. Cross-examined by the prisoner i I did not see you there, John Johnson, sworn, stated—l am Colonial Surgeon and Coroner; I was acquainted with the late Mr. Snow"; I recollect the time when his house was burnt down ; I went over to the North shore, in my capacity of Coroner, on the morning of the 23rd October; I iound three bodies adjacent to a burned house; I could distinctly identify Lit ut. Snow, and by inference Mrs, Snow, but her face was so dreadfully disfigured, partly from wounds, and partly from the action of fire, it was impossible to recognise her ieatures; I was present at the examination of the bodies, by Surgeon Clifford, sSth Regt. on the morning of the inquest; on the crown or rather towards the back of the head of Lieut. Snow, there was an incised wound of near four inches in length, which had cut through tho scalp, and fractured the skull, so that a probe might be passed through the cavity of the skull to reach the brain; there were also several deep incised wounds at back of the neck on both sides, which had cut through the strong muscles there situated, and reached the bone of the neck; on the face there appeared to be incised wounds, and wounds inflicted by some heavy blunt instrument, the nose was llatteuedj but this part of the body was very much disfigured by the fire; there was a puuetured wound on the right shoulder, made by some suarp round instrument, it did not appear to be made b,; a bayonet, but the action of fire might have altered the triangular form; there was a similar stab on the lower part of the abdomen, and the skin with part of the muscles, and fatty substance were cut away from near the bip bune to the belly on either side ; the wounds were oi a square iorm, as if a knife had been brought from above downwards, and then auothev incision made at right angles, and the included portion between the two cuts apparently cut away to the extent probably of about nine by five or six inches ; there were several slight cuts on the arms, which did not penetiate to any depth; I should presume that the wounds were infl.cted by a hatchet; 1 should say that the wound on the back of the head was inflicted during lite, before the action of fire had taken place, as the edges of the wounds were charred; blood does not coagulate after death, and there was a great oeal of coagulated blood around the wouud on the skull; the wounds were certainly sufficient to cause death instantaneously, or nearly so. The body of Mrs Snow was very much disfigured and burnt, but on the face there was a distinct wound, inflicted by some heavy cutting instrument, extending from below the left ear to the angle of the mouth, severing part of the lower jaw, cutting into the base of the skull, and severing all the arteries of the face; I observed a stab, similar to that on Lieutenant Snow, below the chin; extending to a considerable depth upwards; there was also a stab of a similar nature in the abdomen, through tvhich the bowels' protruded; both the legs were missing, I think burnt off, but as the parts were so much charred I could not say whether the legs were burnt off or otherwise. I did not observe any other marks on Mrs, Suow. "Ihe skull of the child was (fractured to the extent of half a crown or larger, through which tho brain, was protruding; the limbs were much maugled, one of them apparently burnt off. By the Court: I have not the slightest doubt but that all the severe wounds 1 have described were in, flicted by heavy sharp instruments, and the one Bms rouuded by coagulated blood inflicted before death; I think that a hatchet or tomahawk, a knife, and a sharp-pointed instrument, were used in inflicting the wounds and mutilations on the body. Robert Henry Wyuyard, sworn, stated: I am Lieut. Col. of H.M. 58th Regt.; I remember very well tho time when Mr. Snow's house was burnt down; 1 went over there I think on the Sunday after; I found several portions of articles of wearing apparel j the under garment of a female's dress, a pair of stockings, with a few other things, lying together at the north end of the building, facing the flag-staff (the articles were produced and identified by the witness); when I found them they were lying near a small collection of ashes like what the natives cook in; there was a quantity of blood upon one and not so much upon another article of the female's dress; as the articles were half burned I could not tell whether the blood was old or fresh ; at the same spot I found a pair of stockings, one of which was slightly discoloured with b ood, the other very much so ; that one which was most bloody was torn or cut on the calf of the leg, and they were marked *' H. S." I also found down in a sort of knife-home part of a child's trowsers (which was produced and identified); marks of fresh blood was upon them, I had these things all collected and brought over and handed to the police on the following morning. Margaret Reardon, being sworn, stated, I know the prisoner Burns; I recollect Mr, Snow; 1 recollect

beine in town on the Friday on whicb Mr. Snow was killed; we (that is, Burns and the witness) were living tn the North Shore'at the time; I recollect being in Auckland ou that Friday; I saw Mrs. Snow, Mr. Snow, and one little child coming out of Monro s; we returned (Joe Burns and me and my two children) about three o'clock to our own place; before we went home Joseph Burns said "Mr. Snow has got some money; many an action I have done for theQneen, and I may as well do one for myself now; he said that he was going to kill Mr Snow and his family; we were in a boat going home when this was said ; I said—"Joe, don't do any such thing because I am not your wife—you know I am a woman that drinks, and if von do anything that is wrong, I am sure to tell sf" there was nothing else passed—it was well on for six o'clock when we got home—Burns took a tomaJiawk and a bayonet and went away—he said when he was going away, tort he was going to kill Mr. Snow and his family—be wbb away until one o'clock m the morning—l saw him when he came back, he came in without any clothes on him except his inside shirt—he said he had J illed Mr. Snow and his family—l told him to tell me nothing at all about it—he said if I would say anything at all about it he would kill me. On Saturday morning about seven o'clock, he brought in the tomahawk and threw it into his tool chest, (a hatchet was here produwl)—that it the tomahawk he took away with him. Burns went to Auckland on Monday, and he took two pound notes with him—on the night that he said he had killed Mr. Snow, he brought one Apund in with him, in silver—when he came home he \s§d he took twelve pounds at Mr. Snow's, but 1 did ijjbt see any but one pound; I came over to the town on Wednesday! Burns was drinking at Johnson's public house—l went to my brother in law, and told him I had left Burns, and would not like to live any longer with him—in about a week after that, he left the North Shore—afterwards he said he would gn away on board the man of war Bteamer, and he went away after that; he was a month or better awaj, and after his return he came up to my sister's place to see bis children—he said he had heard of my husband's death in Sydney, and wanted me to marry him, I said 1 would not—in a very short time after that he came into my bister's housei and shut the door on u«, my si*ter was cutting a piece of bread and butter for the child, and she had a carving knife in her band—l said—"Joe, what do you want ? why do yoa not go away on board your ship"—he said be came to bid me good bye for ever—be then laid hold of me and cut my neck with a razor in five places; after the first cut across the neck I made towards the door and fell; 1 rose again and made towards the fence, when he again began cutting me, and then I became inseusible ; 1 lay for about a month and better afterwards ; on the morning that he wounded me he asked me for the papers belonging to twenty acres of land; before his attack on me I did not like to have anything to do with him, and when he was abusing me and calling me everything, I told* him to go away—did he not remember what he told me about murdering Mr* Snow; he said that he would drink inv heart's blood. Cross examined by the prisoner : I do not remember what day of the month it was when you told me yon done the murder—E am no scholar,- 3 do not want to answer any of your questions; no, Joe, you were not drunk when we were in the boat; I think X da know the nature of an oath ; it was not on account of fear or the natives that made me unwilling to stop in the house; I did say to Mr. Walsh that we thooght it was him who was killed, but i said so wbeu you luld me, because you threatened lo kill me too; yau . said that if we could make Walsh believe that the natives done the deed he would be away from the North Shore a d then we couid live in bis house ; I did not sleep with yon on ihe beVch near ' Mr. Snow's house a few nights afterwards, bu< we and th- children slept in a punt on the beacb at Auckland ou one night; you brought one pound with you that night you kilted Mr. Snow (here the prisoner saiil ** you were not satisfied to transport me for life, ba-. it appears you want * to go farther now") Witness j no. Joe, you have brought it all on yourself; even the Natives told you that you were no guod, and when they saw me !a!muring hard to support the little children, (heyo&Vrtdto assist me to sow my pitntoes if I would leave you ; while you were in gaol you sent me woid by old Carney to butt; I did not say I would join you in Hobart Towu—l did not wish to marry you, and when I was asked to do so by the clergyman, I refused to have anything more to do with such a (A serifs of questions were put to this witness by the prisoner. on* of which a dialogue ensued between them, but it bciugchitf y concerning circumstances connected with their relation to each other,it was nut of sufficient impoitauce to he noted down.) Examined by the Court: 1 hare charged other persons of the m order by Burns' advice; he told me to say, if ever he was taken up, that Dudor was along with him at the murder, he said that he was the poorest man on the North Shore, and would be the most likely to he suspected; I was examined about the matter before Mr. Beckham ; I wan examined on oath, and being on oath I said that Dudor was partner with Burns in the murder, but upon reflection when I was put into the gaol then I turned on my foot and told Mr. Beckham that it was all lies about Dudor* that it was Burns who toU me to say what I had said against Dudor; I knew in my own mind at the time, that what I was saying against Dudor was lies—and I told Mr. Beckham so afterwards, 1 know the axe to be the one that Burns had in the house. j John Brigham, sworn, I am a publican and keep the Prince Albert Inn; remembered Mr. Snow's i house been burnt down; I know the prisoner perfectly , I saw him at my own door before breakfast on the day of the iuquest; be required drink but I would not serve him,he asked the reason why I would nut serve . him ; I said as the inquest was to be held that day he ffcad better refrain from drinking, fur I supposed that as the late Lieutenant Snow was a loan-of-wars-man and a neighbour he would attend the inquest out of respect to \v m ; he said he would not go near it; I asked his reason ; he said that his having been living on the North Shore and going to the inquest without being sent for, might create suspicion; towards the end of the same week prisoner was in roy house in company with a man named Patterson ; the last witness came in alio and demanded drink; I refused to serve her * my principal reason was that she was not a person I fancied to have about the house—neither her nor the prisoner; she demanded money of Barns, and money was produced ;do not recollect that he'made any demur; there was a remark made about him being flash of money, but I cannot say by whom j there was allusion made eh her by the female or Burns, to a robbery that had been committed, I could not swear which of them mentioned it; I enquired of a party if he had heard of any robbery com* mitted on the North Shore ; he said, none since that of the late Mr. Snow; when the moo-y waß asked by the female some was produced by Bums ; I believe there were a few shillings aod some gold, but could not say the amount. Cross-examined by the prisoner: I have told you not to bring that woman about my house; I have said that 1 had no objection ,to you coming without her, hut that I never wished to see you when in drink. Sophia Aldwell, sworn, stated, I reside in Auck.

land* and am sister to Margaret Reardon ; I know the prisoner Burns, and remember him coining to my house in the end of December last, between five and six o'clock in the evening; he came into my place and shut the door; I told him to go away and kick up no more rows; I had a knife in my hand, cutting a bit of bread for his own child; he went on his kneo and asked me to stab him with the knife; I said, God forbid that I should hurt a hair of his head; I opened the press and put in the knife; he then threw off his hat, and said if 1 did not stab hitn he would go to work himself; Margaret Reardon was on her knees working, he caught her by the throat, pulled out a razor, and cul her in the neck ; I then knocked hiin down with a chair; she made for the door, he caught hold of her again, and they both fell down ; she rose and ran towards the fence, where he caught her again, tilt she cried,"The Lord have mercy on me. let ine go;" he said " I will let you go and you'll tell nt more tales;" she then fell down, and he ran towards me and said "now, you for it;" my sister was very much injured. Cross*examined by prisoner: you brought the razors in with you; I lost all command of myself when you caught hold of me; you chucked away the razor thst you cut my sister with, wbich I picked up, and you took another to me. William Smith, sworn: I belong to the Armed Police; I got the axe now in court from William Ald well on the Bth of March last; there was an appearance of blood upon the axe. By the pilsoner: I did not see a pig newly killed in the bouse. Dr. Johnson, reexamined, stated,-f recognize this axe as one shown me by Mr. Beckham • I examined it minutely; 1 remarked on several parts of the axe some dark incrustations, and two or three shreds of a fibrenous matter; £ carefully Bcraped off several portions of these incrustations, and subjected them, in watch, glasses, to the action of muriatic acid, by which the difference between blood and rust is established; I found a large portion of it rust, which the muriatic acid dissolved—the fibrenous shreds and one or two small particles were unaffected by the acid, and I concluded that that portion unaffected by the acid was, in all probability, blood; the conclusion I came to was that it was blood, but I could not say human blood. By the Court: by its fibrenous appearance I believed it was blood Thomas Beckham, sworn, stated, I am Resident Magistrate at Auckland; in consequence of some intimation I got I visited the prisoner Burns ia gaol on the 3rd of March ; Bums said he was desirous to make a concession relative to the murder of Mr. Snow and his family j I cautioned him with reference to the consesequenccs of his making a confession, but he still persisted, and said he was desirous to tell the truth; he did not give any reason, but after cautioning bim, he said he must tell the truth if he were to be hanged for it. Shortly after this conversation I sent for him, and this is the confession he made, which was taken by the Clerk, and signed by Burns and myself—but he has since deaitd the truth of this confession to me. The document was handed ia by witness, and read by the Registrar— Voluntary Confession by Joseph Burns, made by his own desire, after having been duly cautioned that it would be used against him. On the afternoon previous to the murder of Mr. Snow*s family, between 3 and 4 o'clock, William Oliver of the north shore, came to my garden. I then lived on the North shore, more than a mile from Oliver's. He said that Dudor wanted to see me. f and Oliver then went to the foot of the just by Dudor's garden, and found him waitin • there for as. Dudor asked me if 1 wanted any money. 1 told him very badly, or something of that sort- He said—l know wue»e there is about seventy or eighty pounds. Will yon lend a hand to get it ? I asked him where it was, and lie told me it was old-Mr. Snow's; he had received some money. 1 told him I shonld like to run no risk, 1 was poor, and would rather remain so than ran any risk. He said there would be no risk to run : that he would set the money, if we (meaning Oliver and me,) would lend bim a hand if we should be wanted. He remarked that 1 made a great many scruples, and that if * * *• * was t ucre> tne y would have it in a few minutes- I then said I did not care if 1 went. 1 said I did not like to do any injury. He said that he did not require us to do anything that he Would do all, if we would look out. He then told me that Mr-and Mrs. Suow had been over to Auckland, and purchased about fifteen or tweuty pounds worth of property, several articles of wbich Mrs* *now had shewn to hi* wife the day before; and'bat he thought there would be sixty or seventy pounds left In money. He said that he had seen the money in Mr : Snow's house, and knew where to put his hand upon it v\ e all three then went down the hill towards Mr. Snow's house, and in passing between his own place and Oliver's, Dudor stepped a little out of the pathway, and picked up a bayouet and tomahawk. This was about sundown* As we approached Snow's house, his big dog came to* wards us; Oliver fondled tbp dog and held him. Dudor went in at the door of Mr. Snow's house; and 1 went down towards the magazine to keep a look out Dudor fang out to Oliver to know if all was right, and Oliver replied, yes* 1 then heardascuffleinMr.Snow's house, and heard Mr- Snow's voice, and then a fall. Then 1 heard Mrs- Snow call out Murder! Dudor then called in Oliver and myself. We went in. Mrs Snow was lying in the sitting room, by the bed room door, and Mr Snow was lying in the same room by the outer I door- By Dudor's direction, we lifted Mr Snow into ! the bed, he remarking that he would »et fire to the I house, and that people would think it was done by Mr Snow whilst he was in liquor. We then all came out of the house, and Dudor sent Oliver for a fire-stick- In f coming down from Dudor's garden, towards Mr Snow's house, Dudor stated that it was his intention, if the natives were not in the way, after he had killed the family, to take the bodies out in his boat, and drop them in the water. After we had placed Mrs Snow in the bed, Dudor sent Oliver for a firestick, and told me to get home as quick as 1 could, and he would do the rest He said there was not so much as he expected, only twelve pounds and some silver, and he gave me four pounds and 1 went home. That is all I saw of the matter- 1 never saw the child at all. From the time I beard the scuffle, to Dudor calling us in, was about five minutes. Four or five months previous to the murder, Dudor remarked how easy it would be to'rob Mr. Snow if he had any money. He remarked that to me several times- It was after dark when 1 got home - 'i here was no one in my house then but Margaret Reardon and the children. I cannot be sure how Dudor was dressed that evening, I think he had on a blue frock and trowsers. 1 think Oliver was dressed in a blue jacket and white trowsers ; but 1 am not certain about the dress of either of them. It was some little time after dark when I got home- I never told any one of itI never gave her (Margaret Reardon) a bible to swear she would say nothing about it. No one came to mv house on the night of the murder, between ten and eleven o'clock. When Oliver came to me, I had no knowledge whatever what Dudor wanted me for. Dudor remarked, on our way from his garden to Mr. Snow's house, that it would be thought the natives had done it, as he (Mr. Snow) had had a quarrel with tbem about some brend some time before. Dudor was a shipmate with me, he can use his left band nearly as well as his tight Oliver also has been two voyages with me- 1 do not koow that either Oliver or Dudor came over from Auckland that afternoon. Joseph Burns. Takenbeforc me thU 3rd day of March, 1848Thomas Beckham, Resident Magistrate-

I Mr. Beckham, in pnswer to tbe prisoner, sartl—"You I told iur afterwards that what you had auren in confess on was false, and had been made up between you and Margaret Reardon. George M'Elwane, awora—lam gaoler in Auckland, and hate had the prisoner in custody for some timebe was committed to stand his trial for an a*s<mtt on Margaret tteardan, and was afterwards sentenced to transportation for life—when he was about to be sent out of the country, on the morning of the 4i b of M arcb, I went for him at a quarter to ten o'clock, to £,> with met'to the police office, as lie w«a wanted ibpre—l think I UM not tell bim for «h«t purpose he vme required—l found him walking about, exercising in the yard, aloag with other convicts—l passed the debtors' yard, and went into my own office, and in two or three minutes after, I°heard a report in the yard, and when I came there, I found him lying in his cell bleeding—the blood carae from a wound in his throat of better than, two inches in length—l saw a knife that bad been taken from him by a convict prisoner—he has told me that fr<>m the state of mind be was in, be did not care what happened to him, or what became of lain. Examined by prisoner—l saw a lock of hair in his neck-kerchief, which he said belonged to one of his children—he told me that the statement mad~e to Mr. Beckham was false, as he did not care what he did at the time he made it—he said that he could not think of criminating innocent men. Dr. Jjhoson re-examined—l attended the prisoner in gaol for a wound in the throat, when I wag called to see htm I found him with a very extcuded wound in the throat; the wound was of a very dangerous nature, and was not thoroughly healed until within the last three or four weeks. This closed tbe case for the prosecution. The prisoner, who had no counsel, was then called on for his defence, and at bis request Mr. Berrey, the Sheriff, was placed in tbe witness box, and on being sworn stated, in reply to the pri goner's questions—Tbe prisoner told me that be was labouring under temporary insanity at the time he cut his throat; he also said that he would rather die than suffer transportation for life, and leave his children friendless; he recapitulated all that he had stated to Mr. Beckham; and he contradicted the whole statement as he proceeded; he told me that before his trial he bad been repeatedly urged by Margaret Reardon to tell that story. His Honour here objected to the prisoner questioning Mr. Berrey whether he (the prisoner) had said so" and so about Reardon's having made this or that suggestion to him. If, said his Honour to tbe prisoner, you wish such to be received in evidence, the examination must be in presence of Reardon; and if you desire to ask her if she said such as you state, she shall be recalled. Tbe prisoner intimating this desire, Margaret Rear don was again placed in the box, and on being asked by the prisoner whether she had not repeatedly urged him to make the false statement against the other persons, in order to get clear himself, she said—l never urged him to tell any such story; I had nothing to do with making it; I am sorry that I told lies for him. The prisoner having no other witness to call, the * ttorney General rose to address the Jury, and observed that they were shortly about to be called upon to discharge the most moment dub, and tbe most responsible duty that could ever be impo*?d upon them as members j of society—they would be called upon to declare, on j the oath they had taken, whether, trom the evidence ! they bad heard, a fellowciea'ure had met his death by I violence and foul ploy* on tbe 22nd of October, last; ; and if so, whether the man who then stood before them i —the prisoner at the bar—was the cime of deliberate, coldblooded mu'der— a crime sacrilegious and accursed—a crime for which, to the victim, cot earthly reparation could be made—a crime for which, to tbe guilty, no earthly retribution was nunick-nt—but yet a crime, from the consequences of which it was morally impossible for any murderer ultimately to escape. Was it not an accursed thing? for a man deliberately and in cold blood, to take away from an innocent *md defenceless fellow-man, the breath of life breathed into him by his Maker ? Was it not an accursed thing, by tbe blow of an assassin to rob a fellow-being of bis portion of this life, and to send him without a moment's time for thought, unprepared perchance, lo meet his God? And was it not a sacrilegious thing, for a man thus to take into his own bands the issues of li r e and death f It would now be for the jury by their verdict to declare, whether the prisoner at the bar had been guilty of this crime—whether he was guilty of the wilful murder of Robert Snow, at the time, and in the manner, laid in the indictment. Before the jury could convict tbe prisoner, tbey must be satisfied upon three points I —first, that Mr. Snow actually came by his death | about the time named in the indictment. Second, I that he came by his death by tbe guilty violence of a third patty. And thirdly, that the prisoner | Burns was either the author of that violence, or i that he was present, aiding and abetting, while 1 that violence was being inflicted. That Mr. Snow actually lost bis lite about tbe time in question, they, the jury* could have no doubt—the dead body of the deceased, severely injured by tbe effects of tbe lire! and with marks of violence upon it having been found in the burniug ruins of bis own bouse. In what manner, then, he the j Attorney-General would ask, had the deceased | come by his death? It did sometimes happen when a dead body was discovered, that there I was a doubt bow the deceased bad come by his death—whether by accident, by suicide, or by tbe bands of a third party ? Had the action of the fire upon the body been a little more powerful, a doubt might well have been cuterlained in this cause, how Mr. Snow bad lost his life—but, as it was, there was room for no such doubt. The evidence clearly, and in tbe most satisfactory manner, proved that there were wounds upon the body which could not have been self-inflicted—-that these wounds were given duiiug life—and before the action of the tire—that tbey were of a nature to cause death—and that they had in fact caused death. There could be no doubt, therefore, that tbe deceased had been inuidered;— was, then, tbe prisoner Burns the murderer f In the detection of crime, three species of evidence were relied upon—the confession of tbe accused party—direct evidence—and evidence circumstantial. A legul conviction might take place on the confession or the accused, standing by itself and unsupported by any other evidence. A conviction might take place on direct evidence. A legal conviction might take place on evidence entirely circumstantial. But tbe most satisfactory evidence of all, was that which consisted of a combination of all the three—and all pointing m one and the same direction. In the present instance it would be seen that tbe case against the prisoner was supported by evidence of every

kind. We bud the confession of Bums himself, deliberately and formally made to tin Resident Magistrate, and after being duly cmlioiied, in which he charges himself with having been a guilty participator in the murder of !Vlr. Snow. We had the direct oridence of Margaret [teardon, in which she clearly and ditainctly stales — that on the day of the murdei, Rim us had toid her that he intended lo murder Mr. Snow and his family for his money—Hint at six o'clock in the evening, Burn's left'liis own house, carrying with him an axe and a bayonet—that he relume.l at one o'clock in the morning, ami declared that he had murdered Mr. Snow and his family. Then we had the circumstantial evidence—the conduct and proceedings of Burns, between the time of the murder, and the time when he made the attempt upon his own life. As to the confession of the prisoner, he, the Attorney-General would observe, that it would be competent for the jury either to receive it, so far at least as it affected Burns himself, as altogether true, to reject it as altogether false—or, to receive part of it as true, and to reject part of it as false. But, in arriving at a conclusion as to the degree of credence lo be given to the confession, the jury would be guided by the extent to which it was supported by other evidence, they must consider whether there was anything disclosed in thib case by other evidence, anything in the conduct and character of the prisoner himself, to render it improbable that he was substantially, as slated by himself, a guilty participator in the murder of thcdeceased—then, though reje ting the details, if tliev believed the statement of Burns only to the extent of- his being a guilty principal, then it would be competent fortliem to convict the prisoner upon his own confession alone. As to the evidence or Margaret Reardou,he would observe that if they, the jury had no reason to doubt its truth, that it was in its nature clear and conclusive of the prisoner's guilt and of itseir sufficient to convict the prisoner. There was his expressed intention on the afternoon of the 22nd October, to commit •the murder, there vrai his going out in the evening, armed with deadly weapons—there was his return, after a period of time, during which it was probable, from other evidence, that the murder was, in fact, committed under circumstances, too, of gicat suspicion as to the slate of his clothes—and there was his distinct declaration that he had accoin.plished the murderous deed. As lo Hie circumstantial evidence, he, the Attornev-G'eiicral, believed that the jury would see, thai ii was nut only consistent with the prisoner's guilt, but that it materially strengthened and corroborated both the confession made bv Burns, and tie evidence given by Ma«jaret Reardon ; and that even standing entirely alone, it was of a nature to raise the gravest suspicion of the pi isoner's guilt. Observe fiurns's conduct from the lime of the murder. At the time of the murder the pri • soner was living on the north shore with M. Reardon. On the Monday after the murder we find him in Auckland. In allusion to the inquest then being held upon the todies, made by the witness Brighain, what was- Burns's observation r " That he would not go near the place tor his presence might excite suspicion." Was that the conduct of an innocent man ! Did it implv conscious innocence, or did it not rnlher imply a consciousness of guilt ? We next find lhe prisoner making a deadly attack with a deadlv weapon upon Margaret Reardon, cutting her in the most savage manner about the neck and throat with a razor, and injuring her to such an extent as to endanger her life. And while she is lying insensible, weltering in her blood, what is the prisoner's only observation, " that she would tell no more tales." Now he, the AltorneyGeneral, would ask the jury, what was the fair and legitimate inference to be drawn from such an art I Did it, or did it not, justify the inference that between Burns and Margaret Ueardon there existed some deadly secret—that Burns had been guilty of some desperate crime within lhe knowledge of the witness Reardon ! And if so, did it not materially strengthen the ctedibility or Margaret Reaidon's evidence, which went to prove lhat Burns had confided to her a knowledge of his guilt ? Again, observe lhe prisoner on the occasion of his being sent for to thegaollo appear at Hie police office. How does he act on receiving the summons ? Why, within a few minutes afterwaids he makes a desperate attempt on his own life, by cutting his throat, wounding himself so severely as to endanger his life, and to render his recovery a long time doubtful. Was lost the conduct of an innocent man called upon to answer such a charge ? He the Attorney-General, would make but one further observation on the circumstantial evidence, too significant, however, to be overlooked. In his confession, the prisoner had staled that an axe and a bayonet had beeii used. In her evidence, Margaret Reardon says that an axe and a bayonet were taken on the evening in question by Burns himself. On the bodies there are wounds apparently inflicted by an axe—on the bodies there are stabs that might have been made bv a bayonet—on the axe, the property of the prisoner, there was afterwards found marks as of the remains of blood. Did not these facts alono give consistency to eveiy part of every desciiption of the evidence? It did sometimes, however, happen that lhe character of the person accused of the crime of murder or of theft, stood so high lor tender humanity, or for indexible integrity, that even the most overwhelming; evidence would halfuiy prevail upon a jury to convict him. Now he, the Attorney-General, would ask lhe jury whether Iheie was anything in the conduct and character of the prisoner Burns to render it impiobable that he should have committed a deed of violence and blood f Whether, after his savage attack on the life of Margaret Reardon, and after the desperate attempt upon bis o»;n, theie was any improbability iu his being guilty of the wilful murder of Lieutenant Snow ? The prisoner, it was true, had denied the truth of his own solemn confession, and he might do so now before the court; but huw then would bis character stand? There would then staud before the jury a solf-pio-claitned liar—a man w ho. on hi* own showing, had been capable of delibe.alely attempting to lix un his innocent neighbour a false charge of a foul and murderous ciime, ruinous to his character, and dangerous lo his life. With such evidence before theiu, and «ith lht» character af

such a man. could the jury in their conscience declare that they had a reasonable doubt that tlip prisoner Burns « as the murderer of Robert Snow ? He, the Atiorney-Gpneral, had piessed no argument umlulv against the prisoner. He knew'that his arguments ami observalions wore aimed against the life of the man who stood before him ; and he had mged those nrgmnenis. and made those observations, under a painful sense-of deep responsibility. With the jury was the judgment, nnd with them he left the ense, in the fervent hope that they might be so far enlightened as to see the truth, and that they trMithave the firmness and the resolution to declare it. The prisoner, addressinghimself to the jury, said that he was innocent; and that the whole was concerted ngninst him by the two women, who desired hi? destrue'ion. He mold not even describe how the murder was committed; he was not ont of his home, hut slept beside the woman Reardou the whole of that flight. His Honour, in summing up, paid, that lieutenant Snow was murdered on the night of 22nd October is clear. The Bole question is. wh°tber the guilt of that murder ran be brought horn* 1 to the prisoner. The witness whose testimony is most direct B£ftinst him is Margaret Reardon. It is obvious that this testimony is to be regarded with extreme caution; nnv, with grent suspicion, for she has admitted before you to-dsy, tlmt Mitj has given testimony before on this very matter, which r-be knew at the rime not to be true; and that, when the testimony so falsely home went to lay the guilt of the perpetration of this fearful crime at the door of n person whom she believed to be innocent. This frightful degree of depravity cannot but throw a grave suspicion upon ber testimony ; and in many cases such a suspicion would natural'y lend to a rejection of tbe whole of such evidence. Fortunately, in tni< case, we nre pat in possession of information at to the nature of tbe connection between this witness and the prt«onen and as to very many circumstances which occurred in the course of that connection, from which some aid may be derived in forming a judgment as to whether any, and what decree of credit may be civen to this evidence, or any part of it. It will he for you to consider whether, from this Fource, especially from the answers given by this witness to the prisoner's questions, and from her depot tinent during that questioning, any light may he thrown upon the conduct of this witness, and upon the varia - lions in her testimony. It will be necessary also to consider whether there be anything in the testimony of other witnesses corroborating statements made by her, for corroboration is needed in such a case. 1 refer in particular to the evidence touching the axe, which, according to Margaret Reardon'a itatemrnt, tbe prisoner took with him. But what will probably appear to you the weightiest evidence against the prisoner is that which he has furnished against himself. His confession was made, as has appeared from the evidence of the Resident Magistrate, voluntarily, at his own instance and request, and after he had been duly cautioned by that magistrate. The prisoner tells yu that the confession was falsi; and avows that tret was no foundation for the accusation brought by him agaiost the persons he then named. He charges himself, then, with tbe heavy guilt of false witness, voluntarily and deliberately borne, in s capital case. If this avowal may increise your difficulty in determt ing what degree of credit to give to any particular part of the confession ; yet this act of self-admitted depravity must seriously affect the prisorer ia another way. And whatever evil mo>ives may be supposed to have induced him to accuse an innocent man. yet it is not easy to discover the motives which could h*ve led him gratuitously, and withont cause, to inculpate himself bo far as he has done. Now you see that he states himself to have joint d i i the scheme of murder, to have gone down to the immediate neighbourhood of Mr. Snow's house, and there to have kept watch whilst the net of murder was being committed, and aftetwards to have received part or the money which was the fruit of the crime. I need not tell you that the man who keeps watch whilst his fellow sheds innocent blood, is as much a murderer as the man who struck the deadly blow. His own account then agrees in the result and effect of it with that which Margaret Feardon gives. Both leave upon the prisoner the guilt of murder, though in different forms. She changes him with the actual perpetration of the crime; he admits that he was aiding and abetting therein. To these general remarks and suggestion* I am careful to confine myself. I now leave you to discharge the most solemn duty which is laid upou ycu. His Honour proceeded to read the whole of the evidence, making occasional remarks upon the most important points as he went through it. The jury retired, and after a short consultation returned to court, and pronounced a verdict of " Guilty *' The prisoner, on being removed, said. " I am as innocent of the crime as the child unborn." The Court was adjourned until Friday.

Fbldav, June 2. John Jessop was tried and found guilty of stealing an anchor and chain, at Auckland, from the cutter ll'ave* 1 elonging to Jerry Waite, in the month of October last. William Langley was arraigned and tried upon an Indictment, cliaiging him with stealing a silver watch from George Marsh, at the Victoria Hotel, on the 2nd March las' 1 . Guilty. James Smith was charged with having stolen a silver ■watch from Jerry Waite, in the month of March last. He ivas also found Guilty. The jury was then dismissed with his Hononr's thanks for the pains they bad taken in the administration of justice, and the Court was adjourned until ten o'clock this morning-

Saturday. June 3. The Court sat this morning, and the Chief Justice pronounced sentence on the convicted prisoners as follows : Ton, James Smith, have been found guilty of •fouling a silver watch, the property of Jerry Waile, from under his own roof. The sentence of this Court is, that you be imptisoned in the Auckland gaol for the term or two years, and kept at hard labour. You, William Langley, have been found guilty of stealing a silver watch from the person of George Marsh. The sentence of this Court is, that you be imprisoned in the Auckland gaol for tbe term of two years, and kept at hard labour. You, John Jessop, have been found guilty of stealing an anchor and a chain, of the goods of Jerry Waite. The anchoi and chain were taken from the cutler Wnve, whilst l)ing in the harbour of Auckland. Property of this kind is, from its nature, much exposed. It behoves thelaw to give toil tliaUecuriiy which even the inmost care that can reasonably be required of the owner, cannot always ensure. The sentence ot tbe

Court is, that you, John Jessop, be transported beyond the sa&s, to such place as his Excellency the Governor shall appoint, for the term of seven years. Joseph Burns was then placed at the bar, and upon the question being asked by the Registrar, '» What say you, Joseph Burns, Ihut the sentence of the Court should not be paesed upon you," the prisoner replied,"The best of all things, that 1 am inuucetit. lain as innocent as the child unborn." His Honor then proceeded : " Von, Joseph Burns, have been found gnilly of the uilfut murder of Robert Snow. The crime uf which you are convicted \\ as attended with ciicuuislances so aggravated, that men could not for a season bring themselves to believe that this lauu contained a man of our race capable of committing it. And looking at the whole case, that feeling was a most natural one. Nay, even when that crime was regarded as the deed of some of the least reclaimed amongst a people just emerging from barbarism, even then it appeared to be marked by a strange and surprising degree of hardihood and ferocity. Yet there remained to be discovered an aggravation of this ciime more horn tile than any mangling or mutilation of the body of the murdered man—you came forward to accuse two of your neighbours of the murder. That was not done to ward off any charge laid by them or others against yourself. At that time no man had accused you. Voluntarily, and in solemn form, you made that accusation ; and you have yourselfj avowed openly in this Court and elsewhere, that it was made falsely—that you sought to lay the gniit of this bloodshedding upon innocent men. By this peculiarity of aggravation is your crime distinguished from all that have been committed in these islands since the law of England tegau to be administered here. I have no disposition to dwell on this. I would only, before I proceed to pronounce the sentence of the law of your country, urge you to consider the position in which you stand. To any man in the full possession of his natural faculties, it must, 1 should think, suggest thoughts the most solemn, (o know that, ata fixed lime, and when a few short da>s shall be ended, he must pass, as in a moment, out of this world into the unseen and eternal world—that at once he must go forth alone from all that he sees and feels in this life, into that unknown and inconceivable existence which lies beyond it and around it. Surely, the contemplation of this must bring with it something of natural awe—something of an inward shrinking of the spirit—to any man, even in his best estate 5 even when, in his departure, he is sustained by the sympathy of the best of bis race, and by the consciousness of efforts, humbly made, to walk with a clear conscience before God and man. How much mote should a man be moved, when be has to go forth from the condemnation of his fellow men—when he is by them deliberately put out from amongst them as one who may no longer be allowed to Jive. 1 urge you lo consider this. During the few days that remain to you, reflect upon what it is to stand in the in id space between man's judgment and the judgment uf the Almighty. Remember that from the earth there goes up continually the cry of innocent blood to the Maker of us all. May He, of his mercy, so soften your heart, thai from you also a cry may arise—the earnest and exceeding bitter cry of contrition and penitence. The judgment of the law is, and this Court doth award, that you, Joseph Burns, be taken to the place from "hence you came, and from thence to the place of execution, and there be hanged by the neck till you be dead " While his honour was solemnly addressing the prisoner, be made several protestations ot 1m innocence, such as," The righteous Judge before whom i must shortly appear, knows that I am innocent/' &c. j and after sentence was passed, he said, '* Innocent blood is going to be shed. 1 am as innocent as the child in its mother's womb;" and turning to the crowd in the body of the court, " You, civilians, 1 tell you 1 am as innocent of as any of you." The prisoner was removed, and the Court \ was dissolved.