THE KAIPARA SHOOTING CASE.

Press, Volume IV, Issue 449, 7 April 1864, Page 2

THE KAIPARA SHOOTING CASE.

The trial of James Abbott, a pers - , ment of Mr Thomson of Kaipa'ra f„ r a native, with intent to do him grievon, iK P* ne . was then proceeded with. **% harm. The learned Judge i n summing un «,;. that the prisoner was placed at the bar m Wi(l shooting nt a Native! with the intent to nf **& rlisfigurohim,nndtodo him bodily ham, T Wd qmry was one the importance of which in ti,« n * state of the country, ehould not be the lesson which they proposed to teachtheir 7 , W skinned countrymen was that they wAuM j k " -ill parties even-handed jus.ice, and that ,S ? *? in proceeding against the Englishman wouldll ' the same fair and impartial hearing r. fl" man would m proceeding against the Maori f • would indeed be a sad ihinir if a notion wen* k '' among the Maoris that Englishmen would IS? | and theoritically tolerate the idea that beoE*f' ! murder had been commuted they had the ridiM make use of fire arms ofiensivelv "against any oft? race to winch the murderer belonged. It would Z like casting aside their boasted civilisation tn tJ!I barbarians. SHU they could not hut .v» M «CS the frailty which had induced tho prisoner to tn»[. use of the expression attributed to him, viz »n ! if the natives came on his ground they would he dcS men." It was. no doubt, caused by the overwhelm ing sorrow which lie left at the loss of his mistreu and her child, who had met their end at the handVof some ruthless murderers by a bloody and erueldeatiu Putting aside all sentimentality* however tb would have to vindicate the majesty of the law ml if a man acted contrary to it, see that he was punished He would have to ask them, in dealing with this ai*] to divest their minds of all prejudices, and consider it as if it were purely a mathematical or arithmetical speculation, except so far as any motives for adopting any particular line of conduct were imported into it There could be no doubt whatever that some personi had on the Ist February last, shot at those Maorii with nn intention to do them some bodily harm- and the prisoner had been arraigned on thnt charge,'as he might have been one of the persons whom the Maorii had seen, having been found shortly afterwards attbe place, declaring his hatred of them by saying that if they came on his land they would be dead men. ft was owing to that assertion alone that the prisoner was at the bar that day; and however innocent he might be, he could not complain that he had been hardly treated, for he had uttered sentiments which no amount of suffering could justify. It was to be hoped however, that they were simply the expressions of a disturbed mind rather than of i deliberate intention to do any one injury. If then words had not been uttered, probably they would art have seen the prisoner here that day; but no jtrry ought to convict unless the case was proved to the? satisfaction beyond a reasonable doubt. They ootf only bring the guilt home to the real culprit in Si case, by making use of a kind of exhaustive proeea. That had not been done in this case, and thewiji not a tittle of evidence to show that there were not other men there who were the real coJprili, The prisoner had no doubt declared Ins hatred of the Maoris; but if they accepted that portion of his statement, they ought to consider the excitement under which he was then laboring ; and attheastM time not overlook or neglect the latter portion, viz., his indignant denial that he had a short taw previously made any attempts to do them, any injay. The simple question of fact for the }urrwßs>wii there any evidence that the prisoner at the bar wu one or either of the persons who had been KM bj the Maoris to make a deliberate attack upon them. If, with a due regard to their oath, they could nj that the prosecution had made that out satisfactorily, it would be quite sufficient; for either of thi) two men were equally guilty. There was no necessity for him to detail the evidence, as the question lay within such a narrow compass ; and he would now lesvetM case in their hands, feeling sure that they would come to a righteous decision. The jury retired for about five minutes, and on their return gave a verdict of not guilty. His Ilonor then requested the interpreter to explain to the Maoris present that no evidence Bid been produced to show that the prisoner wm gmlty, but that if the person who had fired the shot «mM have been discovered, ho would hare been puHßhw most severely. The jury were then re-sworn, to try the other Jw indictments against James Abbott, but as MR Merriman had failed to establish the first case.B« stated that he had no evidence to produce, andi formal verdict of "not guilty" in both cases w* recorded. The Bay of Islands Mtthdeb.—Mr. Memß» made application yesterday for the Maori charge* with having murdered a chief at tho Bay of M*** te be again examined as to the state of hi» HW before the rising of the Court. The learned gent* man intimated that it would probably ho found W he was now sane enough to take his trial for the offence with which he stands charged. The learned Judge made some pertinent remarks on the low which wm brought to bear in Townley's case in Engto<J.» rescue him from death. This law which hadcattlM such commotion in England, could not tor****" applied to New Zealand. He granted the appll* tion, and the case will come on at the close oi v» other business.— New Zealander, March 19. MU. POX AT KAIPABA. From the New Zealand Herald, March 28 i~ As your readers are aware, the honorable «M Colonial Secretary, Mr. Fox, accompanied Jr/w> Rogan, the newly appointed resident inagattW" Kaipara, set out, early in the month, OB » w through the Kaipara and Wniroa districts, inHMjj view of visiting the various Native settlements. * party consisted of Mr. and Mrs. Fox, Mr, **>&*!% Mair (interpreter), Mr. Yon Stunner, HJ"*t para, Mr. Creighton, and five Natives. , On the morning of the 15th, tbey HelensviUe, Mr. Mcleod's sawing station, the Kaipara heads with a fair wind, arid rw»~ Tauhara, the settlement of Wiremu °"V the most, important chiefs of the fore night. Hero the party was received wita i hospitality. , . —ja, to Next morning the party proceeded by jjPaikea's settlement on the Otomatea, » "Jfln*, with a boat full of Tipene's people, and arrm» at two in the afternoon, after a very P'"j£ Ter jj The Otamatea is perhaps the most u ™zJZi *» New Zealand. The land on either side be of an excellent quality, and the river nse « m gable for five and twenty miles by a J\ „#»? burthen. Tanoa, Paikea's village, v J«7 situated on tbe banks of the ° to £. }«rrt» twelve miles from its mouth, i" are numerous, healthy, and respectoDJJ settlement is a picture of happy "Jp clean neat whares and fruitful „ on *» Taking horse from here, the party »«*' mile* the 17th to Oruawharo, *#**»» ™JL* rfft On their road they arrived at tho Key. William Gittos, where W r.is usual hospitality, and proceedefl ««. cheon, to Port Albert. The SErt*/ twenty weather-board houses, ana hj» other material. The Government towns r lently situated, and will, no doubt, ant position in the future of fca»p»»-

P*~ "hich the party rodo over between tbe Otahe Itf Oriuiwharo, a distance of eleven miles, pst** 8 " Native owners, and was evidently of the belong 8 tO . A j] jev rr turncd that evening to" Tanoa. fio»t q»'»"-■ ere pjost comfortably lodged by Paiff be» tbcy «**■ i-11-.ninff day was that appointed for the **\ roT It ™ s held at eleven °' doc k '" the gflUidkore p ft j] tea ' !j new lionse, a handsome weather building thirty-five feet by thirty feet in h 0 About one hundred of the most influential ftf**.. ♦;«* were present, and the European party by the arrival of Dr. Bell, Mr. and •"•SSSTwd'Mn.Hobb.. Jfr** Tinenc Arama Karaka, Piakea. Manukau, WIW Heneri Futara, Rupuha, and Matikikuha, flcraot>*> j Qi Xhcir speeches varied of course add rCßS^( * n( j Metaphor, but embodied the same ideas. j n detail com plaints to make, they had only to hira and tnank I,ira for comin S among welcome re pliecl in an able and eloquent them. * tol( j ,] iem that he hod come on purpose •I***:. m ftn d the other chiefs of the district, and W Produce Mr. Kogan to them as their resident to ,n ""*: nn a native land commissioner. He fully to them the system of direct purchase, 'It they yoald have to prove their individual title t -lands receive a certificate that they were the to , Lprs of the piece of hind they wanted to sell. jSmthov might sell it to whom they liked, and much lor it as they could. This was of course $ et d „ e i " kapai," and everything passed off very 19th, the party left Tanoa, and after pnll- • Gainst a stiff bead wind reached Wineatu'e WS a »^ n t j lo Wairoa, in the afternoon. This was Nuaouhi tribe they visited, the others being SSiE *• °°t h t d Mr i v r«* r } So than two *gapulns, at a short distance, brined to the waist, commenced a dance, and, rush•towards tho party, hurled two or three spears of ♦if flax stalk at the party. The boat's crew, and the also of two other boats which had accompanied m"foi from Tanoa ' llSa b " t,liS timC tln ' oWn o,rnll ~merfluous clothing, and, with a yell, they rushed on the two retreating spearmen, who fled as though ? bare life ( baro "ldced !) They ran for about enty or eighty yards, and tho Tanoa natives had 'wirlv reached them, when suddenly, wilh a shout 2/iwnP> Mif by mag '°' ab ° Ut IHly na,iTeß Will ' white feathers in their hair, and paddles in their r jj rose up from the flax bushes on tho beach to Mceive the runners. Both parties then joined in » dince of welcome, which was again repeated some litfle time after the talking commenced. On reaching the houses, which could plainly bo Men on the hill above, the party found all the natives drawn up in lino to receive them, where they went ftrOOfih rather fatiguing process of shaking hands Jrith all. An excellent dinner was served up in European style, in a first-rate house, and was done. amplejußtice to. The dinner was really a sumptuous one' even-thing was nice and clean, and accomMnied with all the civilized appliances of tablecloths, ana other requisites. After dinner, a short torero was held, and Winiata (Wynyard), the chief, jo ail eloquent speech, informed Mr. Fox that tlie Jiouuin which they had dined had been just built, indthat, in honor of his visit, it was to be called Morwota' a ? 10 (house of light), as he had by flia wit dispelled any darkness that might have ' (fodidtheir minds, and had made all things clear to than; and because ho had left Mr. Rogan to be ipafaind a light to them. jfr.lox thanked them for the kind manner in flies the porty had been received, and with com- • pimento on cither side the proceedings terminated. We should mention that, before the proceedings • commenced, threo hearty English cheers were given ' by the natives. It is only a few years since Winiata ( bteame a christian, and it is said to bo wonderful to Mc die great progress which he has made in civilisation, adopting our customs and habits. The next day being Sunday, the party remained " it Winiata, the name of the settlement. The natives held two church services. At nine in the evening _ the place was visited by a heavy storm ; tho encampment of the boatmen was blown down, and a canoe - tnd wholeboat were blown out of the bay; the j whaleboat was recovered, but the canoe never turned Bp. Early on Monday morning, the 21st, our travellers itartedfor Marakura, in company with Winiata and party, Manakau and his party, and their own natives. They passed several thousands of acres of splendid - lands which have been for years in the hands of the Provincial Government, and yet not a single European settler is to be seen on some of the blocks, while many blocks have never been thrown into the market. At 10 o'clock they reached Mr. Mariner's house whew they were hospitably received. The river about Tokatoka is very beautiful, and the voyago was a most pleasant, though protracted one, as it was twelve o clock when they reached Marakura, at which i letflement the korero was to tako place, having called for Purore on the way up. Tirarau, the great chief of the district, they found very unwell. The party amused themselves at Marakura in visit- - ing and inspecting the extensive native cultivations, and during the next day, while the natives were gathering for the meoting which had been called for > the 23rd, they wero joined in the evening by Mr. Walton, whose beautiful and extensive estate lies a little further on towards Wangarei. A great number of natives aho arrived, and the meeting was well • attended in the morning. Parore and Tirarau were the principal spokesmen, ' and their speeches were of the same tenor. They wished in no wise to take part in the war, nor had they, thoy asserted, any sympathy with the Waikato tribes. They had heard" that the Government intendended to take all their guns. They were quite willing to give them up if such a step were insisted upon, but would look to tho Government for a money compensation for the loss of them. What they •ished was to have regular and reliable news concern- ' rag the events which wero daily taking place at the front, as at present all kinds of rumours obtained currency through the different settlements. Mr. Fox thanked them for their expressions of loyalty, and informed them of the incorrectness of the report respecting the guns, stating that the Government would never take away the guns of friendly but only those of rcbeis. He also promised »und them from time to tiino accounts of all that oeewed at the Waikato, &c, and concluded by in"joducing their old friend Mr. Rogan to them as their "•gisbate and Land Commissioner, explaining to "W» the direct purchase system. The party then separated, one portion proceeding » Auckland by way of Wangarei, the other returning 2 . Wllir °a and Kaipara rivers. The efl'ect of «wm visits from tho Colonial Secretary upon the jttuve mind was most satisfactory. They have already oonemueh good, and will, in all probability, effect »ore Mr. Rogan returned to town on Saturday. J"*- *ox is expected to arrive early this week.