SHOOTING A NATIVE.

Dominion, Volume 4, Issue 1168, 1 July 1911, Page 6

SHOOTING A NATIVE.

THE COOK ISLANDS AFFAIR. WIGMORE FOUND GUILTY OF MANSLAUGHTER. SIX MONTHS' IMPRISONMENT. (From Our Special Eeporter.) Auckland, Juno 30. The charge of muruei' of a Nativo preferred 'against Win. John Wigmorc, a Karotonga planter, and heard at Karotonga by tno Chief Justice, Sir Robert Stout, resulted in a verdict of guilty of manslaughter, alter a hearing extending over tlireo duys. . Mr. 11. H. Ostler, Crown Prosecutor, conducted tho case: for the prosecution, and Mr. M'U'agli, of Auckland, -appeared lor the accused. Tho jury consisted of Joseph \vm. Sharp (trader), Percy Shearuiau (clerk), Edward Malthas (trader), Alien Owbridgo (trailer), F. li. Black (accountant), and Thos. W'atsou (planter). Mr. Sharp was elected foreman. Tho evidence, details of which will bo published later, consisted of that of a number of Natives for the prosecution, and a number of Europeans for accused. The defence set up was that tho shooting of the Nativo in question was purely accidental, Wigmore having gone out to shoot a fowl, and his foot hnving_ supped when he was approaching tho Native. After addresses by counsel and his Honour's summing-up, the jury retired, and returned after an absence of less than half an hour with a verdict of guilty of manslaughter, and a very strong recommendation: to mercy. . Mr. M'Veagh addressed the Court at [ some length, asking for leniency tor tho | prisoner. He produced various letters as to accused's previous good character, and offered to call evidence.to the samo effect, but this was not considered necesswy. Accused, lie said, had a property of 300 acres, on which .he had spent between .£2OOO and .£3OOO.

Mr. Ostler stated that the community spoke well of Wigmore, who bore a good character, and was very popular. Nothing was known against him, except that he had got into slack . habits, which brought him into his present trouble. He had . been. asked by the relatives of tho. deceased to state that .they felt that strict justice had been done—that British justice had been vindicated. They bore no resentment to this niau, who had suffered a lesson in the publicity of the trial. "I'crhaos," added Mr. Ostler, tho Court could see its ,way to temper justice with mercy." '. In sentencing tho prisoner, his Honour sasd:. "As-I. hear from the Crown Prosecutor that the Natives desire leniency, 1 shall assume that they have given evidenca to this effect. Prisoner at the Bar, you havo had a fair trial at tho hands of J'uiu- fellow-men. You have been most ably defended, and no point or suggestion that could be made in your favour has been omitted. Tho jury havo found vou guilty of manslaughter, and I believe" their verdict is a proper one. Tho one regrettable. featuro of tho trial is that somo Europeans should have gone into the witness-box to shield you by uttering untrue statements. 1 hope that what they did say will cause them manv twinges of conscience. To havo to say that the Maoris had certainly transcended the English in speaking the truth was not a' pleasing thing for our race. The jury recommend you to mercyand 1 also agree with that, recommendation. 1 do not overlook tho fact, however, that you went into the witness-box and stated what is untrue, and that on many occasions vou must havo aided and abetted . your .Native labourers m breaking the licensiug laws, and thgfl set an evil example to them and injured them. The end of your conduct has been that a poor, harmless old man has had his life sacrificed. I have great dimcully in dealing with you. Thcro is no proper gaol in this island, and sending vou to Manual Island does not'seem practicable, and even if it wero so, it would only mean partial banishment. Again, before this could bo done, there would have to be tho consent of the European owners. I must, however, in dc*ling with a caso ; where human lifo has-b'eeii sacrificed bv Tecklcssness, see that the sacrcdncss of human life is not in the least impaired. To allow it to be assumed that humnn lifo 19 not for ever sacred would.be inflicting a fata} injury on this community. After much consideration I have come to tho conclusion, that you be sentenced to imprisonment with hard labour for six calendar months, and. under Section 8 of tho Offenders Punishment Act, 189'J, I order you to leave the Cook Islands. Tho latter part cf this sentence cannot bo given effect, to until his Excellency tho Governor approves If ho approves, I order that vou be deported to New Zealand, the land of your birth. Whether you will be permitted to come back to the islands again will depend on the leniency of the Crown and the Islands Administration. You are a young man, and your life is before you, and I hope that what has happened will be a lesson to you forever— not only to you, but to all those in those islands who may not havo sufficiently realised that the white man must bear his brown brother's burden and try to uplift lu'ni and improve the race." Wigmore is being kept in charge of exSergeant Kohn, of tho New Zealand Police Force, who happenod to be on a visit to Rarotonga at tho time, and was enabled to look after tho prisoner. Ilie old medical officer's residence at the rear of tho Court-house is being used as a temporary gaol. The hard labour portion of the sentence will, it is understood, be put. in in various works about the island.