The Press. MONDAY. JUNE 19, 1911. THE DEATH PENALTY.

Press, Volume LXVII, Issue 14073, 19 June 1911, Page 6

The Press. MONDAY. JUNE 19, 1911. THE DEATH PENALTY.

After giving the case tho most careful consideration and indeed reconsideration, the Executive have finally decided that the death sentence on tho young Maori, Tahi Kaka, convicted of tho murder of an old man named Freeman at Puhipuhi shall take effect. Wo think the Government aro right in coming to this decision, repugnant though it must be to their feelings and that it is to their credit that they havo done what they conscientiously believe to bo right in tho face of a great deal of popular pressure brought to bear unon them in the shape of petitions, I telegrams, resolutions, deputations to the Acting-Prime Minister, and newspaper comment. In regard to tho agitation which has been carried on in this matter, some remarks by the Rev. W. Bcatty in a letter to the "New Zealand Herald" seem to us worthy of careful consideration. A jury who had the opportunity of hearing all tho evidence found tho prisoner guilty, but recommended him to mercy on the ground of his youth. Tho matter then came before the Governor and Executive Council who had before them the report of the Judge, who tried tho case, together with the depositions taken at the trial, and were able to consider tho case in the light of any fresh arguments or pleas advanced on iho prisoner's behalf. Mr Beatty, in refusing to sign a potition for tho corn-

view that it is wrong to seek by the expression of tho views and sentiments of private persons to influence the decision of tho Government regarding a sentence which was pronounced judicially and which ought to bo reviewed judicially. If it is proper to petition for the mitigation of a sentence, ho argues, it must bo equally proper to T>etition for increased severity of a sentence. And it is just the principle of substituting sentence by private irresponsible opinion and contingent for sentence by duly constituted judicial authority which finds expression in Lynch law, with its shocking and demoralising barbarities. It is difficult to find a flaw in tho logic of this argument, and it will certainly be a bad day for New Zealand, or any other community, when confidence in the judges and tho judicial system is weakened, and trial by public meeting, by appeals to popular sentiment, and by letters in the newspapers is allowed to override the decisions of our courts of law-

After examining tho evidence in this particular case, wo see no reason for tho death sentence being commuted, unless it is argued that the extreme penalty ought not to bo exactedin any caso of murder. Tho victim was an old gum-digger, who from his hard earnings had 6aved £40, which he carried about with him, Tho prisoner, a lad of seventeen, was given a night's shelter in his hut, and next morning followed him out to his work on the gum fields. The prisoner came back in half an hour and said that he had been trying to catch a horso in' order to attend a nativo mooting which was to bo held somo distance away. Previous to this dato tho prisoner had no money, but immediately afterwards ho had plenty of cash, for he offered £8 for a horse, spent some £5 in drink, and made a number of presents, and was flashing money about, generally Tho old man Freeman in tho meantime being missing from tho wharo, tho police arrested Kaka on suspicion. When in custody he made a confession, which was to tho effect that when oh the way to the gumfiolds with Free nan t'-i} conversed about his earnings, and deceased, in reply to prison jr, y.ml be earned very little. Accused, noticing that a lump was bulging out of Freeman's back pocket, questioned him, an I he replied that it was money. Accused then told him to give up tho money or he would kill him; Freeman threw his gum spear at prisoner, it missed him, and prisoner knocked Freeman down with his stick. Ho struck him three blows, and the third killed him. He took tho police to the scene of the murder and pointed out whore the body | was lying on a very steep ferri-clad spur. At tho trial the .prisoner was called by his counsel to give evidence on his own behalf, which ho did in fairly good English. His sworn testimony was materially different from tho confession he made to tho police. He admitted saying, "Give mo your monoy "or I kill you,'' but asserted that Freeman said, "Como on, kill mc," lunging at him with a gum-spear. Ho also threw a spade at him, and it was not till he was afraid Freeman was going to attack him with an axe that he (Kaka) picked up his broomstick and hit Freeman on tho head three blows in succession, and the stick broke in three pieces. Ho added that when he saw Freeman was not coming, and that his head was bleeding, ho "was "sorry for him, and cried for him, for " his mate was dead."

Following this statement Counsel for tho prisoner set up tJio plea that he killed the old man in self-defence, and we observe that a Wellington doctor adopts the same view. It is admitted that the prisoner, when he left the whare to tollow the old man, took a broom-handle with him, and that when ho came up to him ho _said "Give mc "your money or I kill you." That the deceased man objected and tried to protect himself with such weapons as were? witliin his reach was natural enough, but tho judge* pointed out to the jury that for the prisoner to be acquitted on the ground ■of self-defence, they would have to find that he did nothing more than was necessary for his own preservation, for if he could have retreated or run away ho should havo dono so. Moreover, it is evident that the prisoner's sorrow for tho deed did not prevent him from robbing the corpse, and afterwards squandering tho proceeds in dissipation and display.

That a deliberate murder was committed for the sake of getting the old man's earnings there can, wo think, be no reasonable doubt. Then it is urged that the prisoner is a Maori, that he has had little or no education, that he is oniy seventeen years of age, and that it is Coronation year, and therefore, a fitting time for the exercise of the Royal clemency. But Mr •Carroll, we are glad to observe, was tho first to urgo that Maoris who I commit murder must expect the same punishment as Europeans. Again, if; tho punishment of death were reserved ; for tho educated classes only, we, fear there would bo a decided increase i in tho number of murders of the more l brutal character. The ago of the prisoner must weigh with most people, as ! it did with tho jury, in arousing a feel- j ing of pity, but a lad of seventeen, j who is strong enough to batter a poor ' old man to death for the sake of his j money, is certainly old enough to ap- ! preciato the full heinousness of his \ crime. As for the Coronation, there can surely hardly bo a worse method of celebrating that great event than by showing special consideration to tho author of a cold-blooded murder. To sum no it must be evident, we think, i to every dispassionate person who con- I siders all tho circumstances, that if wo J aro to retain tho death penalty at all,

it cannot consistently be remitted in the case under notice. .Wo may feel sorry for the condemned lad, hut some pity and sorrow must be reserved for the

settlers in remote districts. On. this subject tho Rev. Mr Beatty, from whose letter we have already quoted, forcibly reminds us that "the safety of '' settlers and their wives and families "dwelling in lonely places must " mainly depend on tho moral restraint, "which hinders men from crime, and " on tho fear of tho inevitable retribu- " tion which should follow on every " crime detected." '