SUPREME COURT.-Criminal Sessions.

Auckland Star, Volume XIX, Issue 3955, 6 April 1883, Page 3

SUPREME COURT.- Criminal Sessions.

(Before His Honor Mr Justice Gillies.)

Ybstbrday (Concluded.)

ThbTkUira Outrage.—The remaining witnesses for the prosecution in the case against Te Muhuki and bis 22 followers yesterday afternoon, were Te Kahu (Wahanui'a brother), Te Mokemoke, »nd Te Haere, but their evidence was cot over until we had gone to press. The piidoneis were then told that they wore at liberty to address the jury, but none of (hem evinced a disposition to avail ttemseive9 of the privilege. Matiuki w..a the only one who spoke, and he merely said : " l'his is all which I snail aay io His" Honor the Judge, tho laws as, aDd the jury. \Ya are sheep belonging to Tphu aud to Te Wbiii, Therefore, we have no word for His Honor the Judge, tho lawyers, or the jury, His Honor diiected the interpreter to reply—"Surely you are not all cheep to follow a foolish leader." i

I he prisoners stood iv the dock with downcast beads, aud gave no sign nor betiayed any feeling whatever.

His Honor tben said that although it was not a usual thiug under such circumstances, still he thought he would be justified in allowing Mr i> arl to address the jury on the prisoners' behalf.

The Crown Jf rosecutor remarked that tbe prosecution would place no obstacle in the way. Tbe desire of the Government had been tbat tho pihonors should receive the benefit of legal asustauce.

Mr .Karl thanked bia Honor for the indulgence, but regretted bis inability to take uov.ii.tiKo of it, inasmuch as he had abstained f.orn taking notes of tho evidence from the time that Muhuki bad declined his services.

His Honor then summed up. He said: Gentleman of the jury,—The attitude taken up by the prisoners places both jou and myself at a great n-jre^t disadvantage, inasmuch as we only hear one side ot tbe case. The prisoners resolutely, as you have seen, refuse to say anything by way of justification ; they refine to plead—only stating that they owe their allegiance to someone else ; that they are "dogj " to Te Whiti and Tohu their masters, whom they must obay. Indeed, their attitude U calculated to place boh sides of the case in something like a false positioD, which is to be regretted, because it is possible tbat much might be (aid, not in justification, but in mitigation, of the nature of the acts that had been committed by the prisoners. In most crimes tho intention of the accused is of the I'si-enco of bis oftVnce, and something probably might be said in extenuation of thn acts of these men becauso acting through ignorance, and probably on account ot their fanaticism, 'i ou will probably be of opinion, from what you have heard at this trial, that the prisoners had not 80 much a malevolent intention towards Mr Bursthouse as a dosire to assert some fatatical ideas of their own. We cannot, however, iv a Court of law, recognise fanatical ideas as justification for a breach of the law. v«o far as we can we must administer the Queen's law alike towards all persons and classes of both races living within this colony, vis Honor then reviewed the evidence, and wound up with some general remarks. -The jury retired to consider their verdict at ten minutes past five, and fifteen minutes later they returned into Court with a veidict of "Guilty" against all the prisoners. Sentence was suspended until the other indictments are heard. Tbe Court adjourted at 5 35.

THIS DAY,

Ihe Te Utra Outrage.

Te Mahuki, Tana, Hone Waikato, J»gj. tiaahira, JNeri Wainni, Poihipi, Tukutarewa, Pu, Tobiransji, Hone, Timi Hamilton Kite Hori Turiroa, Hori Hohepa, To ttoti, Taniora, Te Amotahi, Toroa, Pautahi, Te Kaugihaeta, Ngawharau, Te Whata, Te Waru, and Paroa, the native prisoner, were as»ain brought xip, arraigned upon an indictment charging them with assaulting and wounding Te Haeri on the 20th March, at Te Uira, Waikato. Mr Hndhon Vvilliamson appeared as Crown Solicitor, .Mr Hesketh as counsel for the prosecution, and Mr fcarl on behalf of the prisoners, Bis Honor inked the prisoners, throng*) the interpieter, Mr John White, if they wished, to be represented by counsel. Te Mahnki replied they haci no lawyer, nor did they want one. They were as sheep led to the slaughter—merely itock in the yard ; would be tried as yesterday, by This was accepted as a plea of not guilty. Mr Hesketh opened the ca9e for the prosecution, and said the couuts upon which the prisoners were charged were common assault and unlawfully wounding. Mi Hesketh then desciibed the particulars of the outrage, which havo been fully repotted. Mr Earl appeared in defence, and asked that native witnesses might ieava the Court, to which bis Honor assented. Te ILiore was sworn, and deposed that he was one of a party on the 20th March, consisting of natives and Europeans. Mr Hurstboase was there. Knew Mahuki. Did not know the names of the other prisoners. He was beaten, tl c was standing by a horse, when someone caught him at the back of the head and pulled him down. His mind became as not his own—h«zy, from loss of blood. His face wai covered with blood, There was a cut on hia mouth. When he came round he followed the Europeans towards Kami. He went to get his horse to go to Mr Hursthouse. When he got near his horse a man jumped to wards, him, and caught him by the hair of hia head. Could cot say who is wa*. Others came and bound him, they carried him to the house, where Mr Humthouse was confined with his compani' n<; ho was carried bodil) to the house. When they got bim into the house a man came with a chain to bind him. A. native called out, "Don't bind Te hiri, he is already wounded," He was then pulled arm from arm (explained) each arm being pulled to its full length. The wonnd was still painful, and he wag still bindaged. He wished lor water, as fie fell atlitrs'. .ihe good policeman irougbt him water in a bucket. He stooped down to drink, when, be supposed through the ronj;h act of stooping, blood flowed afresh. Felt it coming np hia throat, He temained in the house until Tahu came. Was in perfect health before the assault. The men who attacked bim and carried him into the wbare were Hone Waikato, lukutarewa, Hori Turiroa, Hori Hohepii, Taniora, and others. He remembered bt lag placed on her eback and taken to a stream and kept there Borne time. He was then taken out and pat in a warm bath. He had pig's meat brought to him, but it was three days' old. On the fir*t day be was allowed his pipe, but it was taken from him the next day, He was one of the escorting party with Mr Hursthouse, which gave offnoe. That was the only cause he gave for being attacked. When be got to bis wbare, be was bandaged by his wife and younger brother. The prir goners had no.riuestions to a>-k, Woii-re, native chief, deposed that on the 20:h alt. he was of the party. Saw the last witness caught by the people, He ac? companied Te Hue>e. bis mouth was broken. No blood was on his face before the attack* The evidence of this wineia was corroborated in every essential particular. Te Haere waa selected because he was a guide for Mr Hurstbouse. Saw him knocked down and carried into the bouse on tbeir back?, Witness identified all the prisoners assoeiVed in the attack. The prisoners us-ljed no questions. Charles Wilson Huisthouse w«s sworn, and deposed to the condition Te Haere was in when brought into the hou?e where he (Mr Hnrsthouse) was confined. Witness then described tfre wound Tp Jjiri bad ye? oehed. He was also suffering trom pains in the body. Becognised all the prisoners as connected with the assault. Some kept what they called police duty outside tb> house. Heard one of them encouraging th» others by these words, "Be stouthearted ; ba brave. 'J he laws of Jehovah sent down from Heaven have not yet been fulfilled" Tbis being the ea c for the prosecutloD, the prisoners were asked if they wished to speak to the Jury. 'They repludj "Not one word," Mr Earl made some remarks upon the evidence.

1 Bis Huso: put the case to the jury, and considered there could be no doubt but the man was wounded by a hand, but whi'se han 1 it was the evidence hqcl {ailed to shew. Still, it was evident tliac they had ao:ed very roughly towards Te Haere, and had made him a prisoner in the cookhouse. ln« prisoners had iff- red no defence in explanation of their conduct, If the jury, however, believed they were acting to» geth r for one common purpose, they were equally guilty jn the eye of the law, Tne jury ieiirod, and after an absence of ten miuutes return' d into court with a verdict of guilty -f nnliiwfully wounding and doing bodily harm to Xc H^ere.