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Hawke's Bay Herald, Volume 12, Issue 978, 15 September 1868, Page 3

A Native Sentenced to Death. — The present criminal session of the Supreme Court, which has been a very important one, was brought to a close on Wednesday by a verdict of guilty against the prioner Te Whake, a half-caste, for the Hokianga murder. This is a most important case, and may have much influence for good or evil in future dealings between Europeans and the native race. The prisoner, it will be remembered, was given up by his people, to be dealt with by our laws, at the instigation, principally, of Messrs. Barstow and Williams, Magistrates in the Bay of Islands, to whom the whole country is much indebted for the part they have taken in the matter. The circumstances under which the murder was committed were peculiar. There was a dispute about a piece of land near Hokinnga, between the Ngapuhi and Rarewa tribes. The former built a pah, arid prepared, at all events, for active hostilities. The Barewas a day or two afterwards came down in great numbers, and the chiefs passed what they were pleased to term, a " Law," that no one should pass along a certain road, across which a barricade was put up, as was alleged by prisoner. Notwithstanding this prohibition, the deceased (Nuku), a leading man amongst the Ngapubi. persisted in crossing the road and pulling down the fence, and tho prisoner shot him. Tho " lulling" under these circumstances was, it was contended on behalf of the prisoner, reduced to manslaughter, because if looked at from a Maori point of view, there was a certain amount of provocation which would be sufficient palliation in a Maori to free him from the charge of murder. This was well argued by Mr. MacCormic'c on behalf of prisoner, but the jury took a different view of the matter and convicted the prisoner of wilful murder, recommending him, however,, to mercy, and as the Chief Justice promised to support that recommendation, there is not inucli probability of the sentence of death being carried out,— WeeWy Express, Sept. 12.