THE DEATH SENTENCE.

Dominion, Volume 4, Issue 1154, 15 June 1911, Page 6

THE DEATH SENTENCE.

MOVEMENT FOR REPRIEVE OF TAHI' KAKA, INDIGNATION AT PUHIPTJIII. (By Telegraph—Press Aissociation.l Auckland,, Juuo H. So fnr no announcement of the Governor's pleasure respecting the fulfilment, or otherwise, of the, death sentence ou the Maori Ijoy, Tahi Kaka, has liccn received by Iho sheriff. To-day the circulation and Mgnin:,' of tlic petition for reprieve hnvc been in active operation! The petition prays that the Governor should commute the death sentence on grounds as follow:— The extreme youth of the condemned boy. The disadvantages of his career from the absenco of scholastic and spiritual teaching. That tho jury found during the trial sufficient to urge a strong recommendation to mercy. That iilio commutation of the death sentence would fittingly mark, in our Dominion, that clemency which is not unusually associated with the Coronation cf our Sovereign Lord the King. That the execution of tho dea-tli sentence would prove exceptionally harsh, since the condemned boy has been induced to join in tho aimost. universal belief in Auckland that his life would be spared. That, but for tho condemned boy's admission, the death of John Freeman would, perhaps, for all time, have remained a mystery. That, , in several cases, the Poyal preroga* tive of mercy has been recently exercised in tho Dominion in convictions for murder. ■ • The position is, naturally, a general topie of conversation in' Auckland, aud (he clement of suspense is a subject for common talk, Meantime the person most keenly concerned in the decision remains • in ignorance of the efforts to obtain commutation of the sentence, and suffers the suspense of awaiting tho execution of the penalty. (By Tdesraph.—Special Correspondent.) Auckland, June .14. ■ In tho course of a letter to the "Star," Mr. W. E. Hacked, solicitor for Tahi Kaka, says:— "1 (liiiik it is only right that the poo-; pic of Auckland, lo whose merciful impulses an appeal is being made, on 1)0-. half of the condemned boy Kaka, should bo made aware, that this is the first occasion in Hie liistory of crime in New Zealand that the leeonniYoudntion of a jurj lias not been given effect to. Surely, to fittingly celebrate the Coronation of the King, it is not necessary to establish this record. If those associated with this movement were given a guarantee of fourteen days.' grace, to (hat (he present confusion could bo converted into something approaching system, I confidontlj , assert that wo would present to the Governor a petition of not less than 30,000 adult persons from the city and suburbs of Auckland alone."

As a counterblast to the movement for a reprieve, the following telegram from Whnngarei appears in the "Sfar": —

"Considerable indignation is oxpressed at Whakapara and Puhipuhi, where the murderer and his victim were well known, that, the clergy of Auckland, also others, aro petitioning for the reprieve of Tahi Kaka." ANOTHER PLEA FOR MERCY [To the ■ Editor.] Sir,—l do not think that the cry on behalf, of the Maori lad who is now lying under sentence of death need ajiss m any degree from the maudlin sentimentality of (hose who aro averse to capital punishment, but rather from a sense of mere justice—apart, of course, from the legal aspect of the question, which was settled by tho verdict of the jury anil the sentence of the Judge. . ' H murder is lo kill with premeditated malice, then the boy who is now under • sentence of death is not guilty of murder;, for we hove had no evidence that ho. had even' hn impulse to kill. On tUo. '.•ontrary, .wo have his story, which seems a very* likely one, (hat only from selfdefence did ho attack ihe unin Freeman at all. ' That, tho need for feclf-dofouco; was brought about by his own action in, using tho words "I will kill you" should, also not weish too much, when we Consider that the words aro known to bi> used in a general way amongst the' Maoris, when Mine ia no intention,-in' the heart, which is not quite friendly. I may say that in Scotland, where I was brought up, "I'll kill you" was quite a common saying between friends and relations, sucli as in the case of an appointment: "If you're not up to time,' I'll kill yon," and often, I have heard older people correct younger ones for tho n=e ol it. 'l.'lic'J one should not. he led away by the action of a man after he finds he lias' unintentionally killed a person, for he will verv rarely bo in his right mind when ho discovers what he has done: and it would take a very intelligent and due person to realise that to f!0 straightway and give himself up to ■justice was the wisest course.to pursue; This was a poor Maori boy of seventeen, who prob■ibly felt in his heart that ho had only defended himself, and' whosa very ignorance of law made him terrified. It. h'i.-, 1 believe, been suggested that because ho is not a lad of strong mind; the- fact of his being put out of exist, enco need not concern, in so great idc gree those interested in his case. However, until it becomes law to put lndividuals to ii painless death because they ■ire imbecile, or degenerate, we must consider it oor duty to defend (hose who, throtHi circumstances, aro unable to defend thcmselves-especially thoso.who look to us for guidance and protection.—l am, tlc " FAIR WAY. [To .the Editor.] Sir,- Ro Halt.-., T should be glad if yon would use your influence to Ret a renilcvß tor tiiu abovo unfortunate youth. Whv? It is now seventeen years suico the'judicial murder of a brother took place at Mount Eden. That lapse M time evinces the abhorrence of enlighten-, o't men lo tho heathen, practice of taking a' man's life in tho name of justice. Many years ago men believed that a life for a life was right; but as n deterrent it is a failure. I consider tlie prevailing of.the law re capital punishment is not'reqnired by justice, and is a disgrace to the age. What will it profit us? The source of compensation is trnyed. Death is a loss. Life is an clement of wealth. It is possible (o err. in judgment; and capital punishment is not remissible. No recompense can bo effected when he be dend. Trusting that this blot may not bo allowed lo rest upon tho escutcheon of our fair New «a> land.-I am, etc., r ■■ •263 Willis Street, Wellington , . Juno 11, lflll.