SUPREME COURT.-Monday. UNKNOWN (Before his Honor Chief Justice Sir G A Arney)

Daily Southern Cross, Volume XXV, Issue 3760, 7 September 1869, Page 5

SUPREME COURT.-Monday. UNKNOWN (Before his Honor Chief Justice Sir G A Arney )

Hi* Honor took h'3 icab upon the b uch at ten o'c'ock. The Ohabgb (f Unlawfully Swung Gcjnpowder to Natives —Nalhauiel Dorvington, a respcctiAbJe'lookiDg elderly man, wai placed in tba.

dock upon au indictment changing him with sellmu to au abouginal i.alive, ou the 23rd July, 24 cunibtois of guupowder, in contravention of tbe Artn3 Act, 1SGO, aud the Bubs"quent Actj up to 1SG6. The charge \va3 brought under the 28th clause of that Act, which provides that no perBon shall sell either guns or ammunition without a license. Mr. Brookfield prosecuted on behalf of the Crown ; the prisoner was defended by Mr. Hesketh. The prisoner was accommodated with a chair during the trial. — la laying the facts of the oase beforo the jury, Mr. -Broobfield said that the crime with which the prisoner was charged was one nearly if not quite equal to high treason, viz., supplying arms ti> natives who were in open warfare wibh the European race. It waB almost impossible for them to have any idea of the danger that might ensue from the indisoiiminate sale of arms and ammunition. If they found the prisoner guilty of supplying the natives with arms to murder their own countrymen, then he would be deserving of veiy severo punishment, for the crime was one at which human nature shuddered. The principal witness was, it was true, a native, and it might be attempted to be shown that his evidence was not woithy of credence, but what object could he have in tying to convict au innocent man? There would be another native also calleJ, who would corroborate the evidence of Hapimana. The learned counsel then proceeded to lay the facts of the case brfoie the jury, and afterwards called evidouce. The facts of the case have been fully before the public during the last few days, the prisoner's examination at the Polioe Court having been published in full in these columns ; aud the testimony given yesterday was simply a recapitulation of that evidence, with slight exceptions. At the Police Court the prisoner was charged with three different offences, first with selling four gnus to a native named Hapimana, then with selling a box of caps to a native, and thirdly with selling 23 canisters of powder to the same native. Upon all three of these charges he was committed for trial, but he was yesterday arraigned upon the single charge of selling the 23 canisters of powder. It will be remembeied that a few weeks ago three natives — who pleaded guilty a day or two ago to a charge of unlawfully removing aim? and ammunition — were discoveied at Ngaruawahia having in their possession four double-barrel guns, one box of caps, and 23 canisters of gunpowder. Through the promptitude and sagacity of a militiaman at Ngaruawahia the thrpe men were stopped, and their swags searched ,with the result mentioned above. Ihey were then taken into custody, when they confessed that they hid pui chased the guns from a native named Hapimana. This nati/e was communicated with, when he Blated that he had sold the guns and ammunition to the three natives, and at the same time stated tluH he had purchased them of Nathaniel Dorriugton, of Parnell. Dornngtou was apprehended, aud ou the testimony of Hapimaua, and one of the natives named Parahi, who bad been found with the aims on him, he was fully committed for trial. The examination in chief yesterday was similur to that at the Police Court, thit of the chief witness, Hapimaua, being particularly so. Home fresh facts were, however, elicited on the cross-examination of Parahi, which we give below. — Parahi, cross examiued by Mr. Heskoth : I gave Hapimana £50 to buy four guns. He affcerwaids brought the guns to Motuehera, and gave them to me. When he gave me the four guns, he gave me at the same time the powder aud the caps. Hapimaua said that l(k was the price of the big box of caps, and 25s. was the price of the small square canister of powder, and 10s. each was the price of the small flasks of powder. Hapimana gave us back some money, with which we bought flour. When we were searched by the policeman at the feny, we had only one shilling on us. We took the guns and thing** away fioin Auckland in a flour aud wheat bag. The powder was taken from Auckland in a carpet - Ug, and when we got to Motueh-ra we divided the gnus and the pow.ier between us for convenience in curving Hapim.ma took the powder fiom Auckland to "biakci at differsnt tunes. We started fiom the wharf, and Hapimaua was in the boat. Hapimana gave me the powd r in the store of a man named Willy. It was theu in a carpet-bag. We filled the cirpet bag as full a3 we could, aud put the remainder in the kit We then went to Motu Hereki, and then it vwis that Hapimaua gave us the guns. We left for Wakatiwai, wheie our hotsrs weie waiting for us. We then proceeded on t,o Ngaruawahia. It was in the month of July. We went to Wakatiwai in a boat belonging to Hapunam. We did not gi\e Hapnnin.i anything for lending us his bo.vt, but I don't know what h- mittht have t dten. (Laughter.) Whm we went to Hiverhead to di_' gum we started from Orikei, calling at Auckland (or provisions. Htpimana nud I cime oveiland from Oiakei. We w.nt to dig gum to get money. The gum was sold m one lor. I did n t kuow who Hapimaua's pikeha was who was selling the guns. 1 nevfi saw h m or his house, but I knew it wag at Parnell, When we came to Auckland I asked Hapimana first ahout powder and guru. He sai I he would look out and find the Euiopean —By Mr. Btookh'Jd : We gave altogether aboun £70 t> Hapimana to buy powder and guns. We sold our gum at a <i >iv at the top of the wharf, and were paid for it;. It was £50 I gave to Hapu^am to buy gun-, and £20 to buy powdei out of the £5t>. £20 WJ3 used to buy food. —John Cia>p, a fanner at Ngn- j ruawahia, and corporal iu the miiitia, deposed : On the 25th of July I was at Ngaruawahia. when the last witncs< and his party were passing through. The guns and ammunition produced weie given into my custody. 'Ihey are the same as those I produce in Court to day. t hav« examined the flasks, aud rind that they cont lined powder.— This was the case.— Mr. Hesketh said he should call witness to charactet.— Samuel Hague Smith d-p'sed: 1 have kiowii the pusonet about dx year*. I have always found him an exceedingly honest, fctraightfoi ward, and upright man.— Alexander U inter deposed: I inn a builder, raiding sit Parnell, nearly oppo-ite t> Mr. Domiii>tm\ house. I h.ivo known him upwards of two >e,rs. I have always found hur vety honest, and ha\e never heard anything to the contruy. T h.id a pood opportunity of observing him, and he was always) a \vell-condu"tea straightlorward man.— William Payne deposed : I am a baker, residing in Pnnces-f-tivet. I know MrDorri'i^ton, and have known him fur twenty years. I have always found him an honest st ajuhtfonvird, industrious, puraevennjr, aiid highly tespected member of the community. — 'I he Kev Samuel Kdgcr deposed : I Know Mr. Doirin,'ton, ard h^ve Hone bo for tho list four yeirs. I have n ver known anything otherwise than honourable in Ins conduct. I have always found him straightforward and uptight.— Mr. Hesketh then made a powoiful addre-s to the jury on heh.lE of the prisoner — Mr. Brookfidd Imiug briefly replied ou behalf of the Grown, his _ Honor summed up the whole ca^e. — 'I he jury retired to consider their verdiot at a quarter to ei^hb o'olock, and returned into court in twelve minules with a veruiot of Not guilty. — Hi^ Honor a?ked Mr. Brookfield li he would go on with the other two charges, — Mr. Brook field replied that he should go on with at least one of them, and the Court was then a' = journed until ten o'olock this morning, when the charge of eel ing four guns to Hapima'ia without a licence will be into,