SUPREME COURT.—CRIMINAL SITTING. Wednesday, June 15. [Before Sir George A. Arney, Chief Justice.]

Daily Southern Cross, Volume XXVI, Issue 3999, 16 June 1870, Page 4

SUPREME COURT.— CRIMINAL SITTING. Wednesday, June 15. [Before Sir George A. Arney, Chief Justice.]

A jury was empanelled, of which. Mr. John Mitchell was foreman.

Shootinu at with Intent to Mill. — Frederick Houghton (a lad) was arraigned upon two charges of * shooting at, with a pistol loaded with g&np^w'cfer and diyers leaden shot, Pene Amide I ,* b'n the 4th of March, with intent to kill, and with intent to do grievous bodily harih. The prisoner pleaded not guilty. — Mr. Brookfield conducted the case for the Crown, and Mr. MacCormick for the defence. — Mr. George Brown, from the Civil Commissioner's office, was sworn as interpreter. — Pene Amine, an aboriginal native living at the Bay of Islands, deposed that on the 4th of March he went to a place near Waikare, and on Jbia -way met a native with two Europeans, of whom prisoner was one. On being informed that the two Europeans were runaway sailors, he rode to the front of them. Just then some of hia friends came up, and prisoner and his companion ran away off the main road and up the side of a stream. 'On being called on to come back, the prisoner's companion obeyed, but the prisoner did not. His companion, Whiri, together with himself, pursued the prisoner, when prisoner pulled out a pistol and fired, the bullet missing Whiri ,and hitting witness on the shoulder, and coming round under the shoulder. At the time^wrtness was fired at, a distance of about the length of the Courthouse separated them. At that time he had not laid hands on prisoner, and was only walkiug towards him — not running. When he was struck by the bullet he ran after the prisoner, who then ran as fast as he could and tried to fire again at him, but the pistol missed fire. Shortly afterwards, when about eight feet separated them, the prisoner fired at him again, hitting him on the breast. The bullet lodged in his body, and has not been got out. Witness then caught prisoner, threw him down and held him, -when the prisoner fired again, the bullet grazing his neck. He next took the pistol from prisoner, and called upon his friends to come up, as he was getting weak from the loss of blood. Whiri came up, to whom he gave the pistol and prisoner. — Iv cross-examination by Mr. MacUormick, it came out that the captains of whalers at the Bay of Islands gave, on all cases, a reward for the apprehension of runaway seamen ; and the natives considered themselves justified in arresting and bringing to Kororareka all strangers found in the bush. — Whiri, another aboriginal native, generally corroborated the evidence of previous witness as to seeing the prisoner shooting at him with the pistol, which was produced and identified. — Meta Wepea, an aboriginal native, gave corroborative evidence. — Samuel L. Ford, M.R.C.S., a duly -registered medical practitioner in New Zealand, residing at Russell, deposed that on March 4th he was called to attend professionally upon Pene Amine, who was suffering from several pistolshot wounds. He found that the one on the pit of the left arm appeared as if the wound had been received when the native's arm was raised. The bullet traced a course upwards and backwards obliquely round the back until it came within an inch of the spine, where it now remains. The bullet causing the wound on the breast entered on the sixth rib, and was ultimately lodged between the sixth and seventh ribs, within two inches of the spine, Avhere it is now fixed. The wounds iv themselves were not dangerous, further than through the nervous shock which the system would have sustained by them. -There was no haemorrhage when the natives saw the wounds. — Crossexamined by Mr. MacCormick : When I first saw the prisoner he was in the lock-up at Russell, and had a large contused wound on the back of the head as if from a blow with a stick ; indeed, he was beaten all over. The wound on his head had already been done up with plaster, and I did not interfere with it. — This was the-case for the prosecution. — Mr. Brookfield addressed the jury on the evidence adduced. — Mr. MacCormick replied at great lengthy arguing that as the prisoner was a stranger'in a strange country, and, while walking quietly along the Queen's highway, was rushed upon by so many dark savage natives there, probably there were few men who would not have done as prisoner had done. The prisoner heard calls in a strange tongue, and, seeing the wild manoeuvres and gesticulations of the natives, he would naturally think that his personal liberty, if not his life, was in danger, and the jury should thus view the action he had taken, that it was under the firm belief that his life was abeut to be taken that he drew his revolver and fired. This view was further confirmed by the natives taking no heed of the first shot fired by the prisoner. There could be no thought of murder in the prisoner's mind, but simply of self-defence. — His Honor summed up at great length, and remarked that lie thought the action taken by the natives showed a beautiful trait in their character. When they saw one of their number seriously wounded, and the prisoner disarmed, instead of taking savage vengeance upon "the object that had caused them mischief, they controlled their anger, and restrained their desire of inflicting summary punishment upon the prisoner, and came all the way from Russell to that Court to obtain redress. This showed the effect that civilising influences were gradually producing upon them. He .then charged the jury in the usual way, after which they retired from the box. — At a quarter to nine o'clock his Honor sent for the jury, when, on being asked by the Registrar if they had agreed as to the verdict, the foreman intimated that they had not agreed upon their verdict; and, in answer to the Chief Justice, said the chief point which the jury found as a stumblingblock was* whether the natives had any legal right, and, if so, to what degree, to intercept or interfere with the prisoner when he was walking on his way. His Honor consulted with the counsel for the Crown and defence, and said it was agreed on both sides that the natives had no legal right to interfere with the prisoner, and, as such, he was justified in making due resistance; but it would be for the jury to consider whether the resort to such a deadly weapon as a pistol was justifiable. — After a short consultation without retiring from the box, the jury returned a verdict of Not guilty. — This announcement was received wich applause, which was repeatedly repressed by the officers of the Court. "7The prisoner was then discharged. The Court was then adjourned until ten o'clock this morning.