TO-DAY'S PROCEEDINGS.

Auckland Star, Volume XV, Issue 3722, 15 July 1882, Page 2

TO-DAY'S PROCEEDINGS.

The Supreme Court resumed at 9.30 a.m. tp.rlay, when the Court was crowded with listeners. The first witness was the native, Clement Newton, who deposed to a conversation which'he hod with the prisoner, at Hikurangi, 1880, when he admitted tbat he and a half-caste native arranged for the murder of Packer, that they went to his place of residence early in the morning, that he became frightened, and that tlio half-caste pot through the window and committed the. murder. Robert Barlow deposed to the capture of the prisoner, and his conveyance to Te Awamutu, where he was handed over to Constable Gillies. ' Evidence was also given by Barlow and Constable Gillies as to a statement made by Winiata on the way down from Hamilton, that the murder was committed by a Bay of Islands half-caste, although be was present, and arranged to assist in it. This was the case for the prosecution. Mr Dufaur said be bad no witnesses to call for the defence, and then proceeded to address the jury. He asked them to dismiss from their minds all outside prejudice! which they might have formed, and consider impartially whether there was sufficient evidence to justify them in finding the prisoner guilty, If they would look at that evidence, they would see that tbe only way in which the accused waa connected with the murder was in tbe evidence given by Mrs Austen. ■■,; ~ ■ •,■;■■/'.' ;■ >/■, '•■"„;■ <M 1

Me Dufaur reviewed the ovidenco given by Other witnesses at some length. Mr Hudson Williamson, Crown Prosecutor, also addressed tUe jury at length, reviewing the evidence closely, and pointing oitt particular poiuta that referred specially to the supposed iunocence or guilt of tho prisoner. . , , ~ Bh Honor, in summing up, asked tho jury to consider the whole evidence dispassionately, and give their evidence acThe jury then retired for deliberation, and after - minntoa' absence, returned wi.h The Verdict of "Guilty" At this time tho Court was narked with spectators and all the passages Cm the outer entrance doors veto cr<wdcd. The piisoner received tho verdiot without any visible change in his appearance The misoner was challeuged if he had anything to say why the sentence of death Bhould not be passed upon him Prisoner asked :Am I to speak ? nterpreter: Yea. Statement by the Prisoner. Winiata : I desire to make the following statement :— Win!ata then said: I wiH speak as to the goodness of my body. My first word is, whether my voice is of the man or of the aneel. If I have no love there will be no goodness extended to me. Although I may have the work of a prophet, I am able to find all lost things, and knowledge also. I have embraced the gospel or Christianity, so that mountains may be moved. If I have no love, lam nothing—l am no one. If I give \ip my body to be burned by fire, if I have no love, no mercy will be extended to me. The love is good and kind—it has patience. Love is not boastful j love is not jealous—is not haughty j I have Christianity, and I have faith and hope, and I have love. The greatest of all these three things is love. Secondly, I have travelled ever all these Islands—or about all these Islands"; been to Napier. I went to Napier, mid fought against the Hauhaus there. Then my hand was filled by Maori blood. I returned from there, and arrived herein Auckland. I remained here. I then went on board a large vessel, and went to Newcastle, and then came to Wellington. I then went on board the Luna, and I worked on board that steamer. J. was a very good man, there was no Europeans blood at all in my hand, I then remained on board the Luna as I a sailor. One steamer then steamed away. The Governor was on board. On arrival here in Auckland, my mate at that time was Jimmy. The steamer arrived at Onehunga. We two then came to Auckland, and remained here I then asked him to go with me and seek a master for us. We two went to Cleghorn. We two then remained there, and worked for CJeghorn. A pakeha then sold a saddle to me. That saddle was stolen, I then took it and sold it. When I reached a shop at Onehunga it was not purchased. I then came to another house and the saddle was sold. I then went to a public-house. I and some pakehas remained there playing billiards. At night the policeman came-the policeman of Onehunga. He found me there. He then asked me to go with him to the store. We two then went to the pakeha at the store. The pakeha then iaid to him, "That is the Maori who had tho saddle." I was then arrested. I then said to that policeman, do not handcuff I will walk to the lock-up without being handcuffed. He insisted on handcuffing me, and we then quarrelled inside the house. The door was shut. I said I would go quietly without being handcuffed ; that I was a quiet man. He said it would not do. We continued to quarrel inside the house. Soon after, I was struck on the head with a piece of iron by the pakeha whose store it was. My body was then all covered with blood. My hands were then handcuffed. In the morning" I .was tried at Onehunga, and convicted of the wrong, arid a sentence of imprisonment for six months passed upon me. IJ then said to the Magistrate— "What about my blood; what about my wound?" He replied—"That was on account of your deceit." I then said —" If it had been done by those persons whom you have appointed to apprehend people I should have no objection, but it was done by a perauli who was not appointed to arrest others. The magistrate said, well it was through your own deceit. I said, well that is all; I will go, for the magistrate had ordered the police to take me away, I then went. This master who was the cause of my being arrested and imprisoned was Cleghoru. I went to prison and remained there. I never made and statement to the prisoners in the gaol. At the expiration of the six months, 1 was liberated. I then decided to go back to my master, I then went. I have met Paton at Epsom. That pakeha then said to me that I had better remain with him. He then asked me what amount of wages do you want per day, and 1 replied 3s and food will do That pakeha, Paton, ssid it is well. I then worked for that European. When 1 had been working for him seven mouths, he said to me, " Ifou are a good man." I worked for that Kuropean for over a year, jly.werk there was praying to God, and doing that pakehs's work for him, Iw»s (he person who rang the bolt of the church for one year and live months, when everything was enttusted to my hands. The only things that I retained to myaelf were my wife and my children. I then remaintd working for him, and I had been working two years and feur months. He then asked mo to come with him to Auckland, bo ]tbat some of my money might be paid to Bap. We two came to Auckland and went to the bank, and the money was paid *ere by my master—£24. He and I then went to another bank, He then advised to leave my money in that bank. I then said—lt is we.l, lam willing. My master then took £20, and I took £4 for mysalf, and my sama was written in a b,ook en paper. Henare was the namei The receipt on the paper for the money i received. ,We two t.hen returned to Epsom. I thon worked for six months; then, I decided to go to a European named Brown. I still continued to work for my master, Paton. I thon commenced to milk the cows in the morninj?, when I was kicked by a cow. I struck the cow, and Paton's sod a boy, was angry, I said to him— "She kicked me. 1 will leave you and your father." I then went and packed up my clothing, and got outside my house. I then went to Cleghorn. i then ilept at Onehunga, I then saw that pakeha — Edward - staying there. Ouehunga was my place of abode, at the house of the mother of John, l then became acquainted with that Pakeha Edward I was a very intimate friend of his. There was no ill-feeling. All that he did was praying to God, and all that 1 did was praying to God.' I then worked for my master (Cieghorn) and for that Pakeha as well. All that I did when I was there was working. I then came'to Auckland, whcre>l Baw a half-caste in Queen-street. He then asked me: "Do you know this European named Cleghorn J Do you know this pakeha named Edward?" I flaid I know him—we two work for the same master. He then eaid: "By-and-bye he will be taken by me." I then asked what is the reason! He replied: That is a very bad pakeha indeed. I returned to the place of onr master, and said to Edward: There is one half-caste who wishes to kill you. I then said to him :Do not go to the pnblichouse. I then returned to my place of residence at Unehunga. I used to come to work in tke moroiogs sometimes at five and sometimes at six o'clock. I continued working there. I tken came to Auckland, when I saw thisJhalf-casto (Barry) again. He then asked me—"ls that pakeha still at Cleghorn's place," and I answered, "Yes. I then went back, and went to Onehunga, Next day i again went to work. I worked, At dinner time I went to my own dinner. After dinner, in the evening, I returned. Next day, the policeman of Onehunga came to me and said—"You have stalen Edward's money.' 1 said to him— " I haven't got the money. 1 remained. The next morning I returned to my work. On my reaching Cleghorn s place, his w said to me -" Henry, you have stolen th money of this pakeha, Edward." I said I did not take it. I haven't got it. I worked, and in the evening I returned. The next day, I came to a public house on this side of bridge, when he asked me to pay fdrhis grog. I then said to hlm~l will pay it by-and-by, as I have riot yet obtained £ny money. 1 then Went tb'my work, and in the evening J asked Cleghorn for .money; and he gave me 10s. I then remained and worked there, and in the evening I returned to Onehunga. The next day I came back. When ! reached the public-house I then paid for my grog there. I paid £1 in silver. I then came on and met Jsdward on the road. He then said to me-yen have stolen my money. I said to him-no, I have not your money. We two then geturned to the public-house, and we con versed there, I said to him-I have given some money to the landlord of the public house, but it was my own money. 1 then went out. I went to Onehunsa. He returned to his own home. I slept there^ When I awoke it'wow fine. I then started. When I got to the yard at Cleghorn's place, the smoke was rising from the chimney from the fire of the cook. I then went through the yard. The door of the room of Edward was open. I then went to threshold of i-the doorway, when I saw some bleod on the;threshold or in the doorway. "'I then

leant my hoad forward into the room. I then knew that tdward was dead, and I was overcome by fear. I had misgivings. I theu said, X bad better run away, Those wero the thoughts in my mind at that time. Had he been killed at the place of another European, I wou'd not have gone, but when he was killed at the place of the same master for whom we both worked. 1 then ran away I know it was Harry who killed that European. When I was going away I did not run, I walked towards Orakei. When I reached the road leading to Otahuhu, I >aw a boy (here. I then said to him, do you not know the road to Orakei. He said that he did not. I then asked him, where is it, Ha said, that is the road. I then went on, and he went his way. When I got to this side of Orakei, I saw two pakehas there. I then said to them, do you not know this man Marsh. They answered, no. I then said, are there no JMaories at this settlement, on the place opposite. They said, they are Maoriea. I then went on. I went nlong inside tha fence and Paraihe got up and saw me, He then called out to me to go thither. I replied, " I will not go thither." He said, " Well, come and have soaie fond." I replied I was not hungry, I was satisfied. I then proceeded on my way, and stopped at Otahuhu at a mountain where gravel is being dug out for the railway. I remained thnro tor five days, I then proceeded on my way till I reached the bridge at Otaiki. I crossed that, aud got to the other side. 1 then procesded on my journey till I reached the farm of my master (Paton) at Papatoitol. I went into a fowl-house to sleep in Ihe daytime. At night I continued my journey. Paton's workman was there at the time. I proceeded at night. When I arrived at Point Kussall, I went on from there to Huakaka. where some pakehas saw me. They said, " Whero did you come from," und I said from Kohckoho,i"aud ithat I was going to tha coal mine, They told me that a man had killed a pakeha. i said it was not a native, but a half-caste who killed the man. The pakeuas »a;d no, it was a Maori. The Maori had reached the King Country some time. I went on and reached lsangariri at night. I went iato a store.

Prisoner was proceeding to relate his experiences at Kangariri, when His Honor said the Court did net want to hear a history of his jo.urncyinga; but what he had to aay why sentence should not be passed upon him. He related that after taking some food, he met a policeman and a Maori. The latter said to the policeman, " Taut is Winiata," but he did not believe it. He went *to Ngaruawahia, and when he wiu uear to Alexandra he saw a European lying down watching, He kicked him, when the European who was (dressed In white trousers, chased. him. He went to Pirongi where heislept. Ho Wont on (to Kopue where he saw Tawhiao, who naked him if it was he who killed the pakeha. Hesaid: "The person who killed the pakeha is a half-caste, belonging to Ngapuhi, and named Harry." Tawhiao asked '! Where is that half-caste ?" and he said " He is at his own place," He said his only reason for runniag away was because ot tho native being killed at the place of the same master for whom they both worked, That was all he had to say. His Honor, iv passing sentence, said : Prisoner at the bar—you have been found guiliy o£ this crime by tho jury, after* a lull nnd patient investigation The evidenca was so clear that no denials of yours now can at all affect the mind of anyone who has heard the evidence. It must be perfectly clear to anyene who heard the evideace that you committed the crime. I shall net dilate upon the circumstances of the ciime. It was a foul,'deliberate, and unprovoked murder. You have long escaped from justice, bat it has overtaken you at last. There is but one punishment for a crime like yonrs, and that sentence of tho law 1 have no w to pass upon you'( His Honor then aesumedjthe black cap, The sentence of the law is—That you be taken hence to the common giol at Mount Eden, and that there in due course of law, and in the manner and form prescribed by law, that you be hanged by the neck till you are dead, and may God have mcicy uppn you.

who appeared agitated, held up his hand as if he wished to say something in reply, but he was hurried out of the dock by the attendants before he could speak. The Court theu adjourned till 10 a.m. on Monday next, when William Hazlett will be placed ou his trial for rape on a little child at the Thames. Mr Heketh defends.