WELLINGTON.

Hawke's Bay Herald, Volume 13, Issue 1087, 28 September 1869, Page 3

WELLINGTON.

By the Rangatira we have Wellington papers to Saturday evening. THE TEIALS FOB HIGH TBEABON. The trial of Hetariki Te Oikau, Eewi Tamanui Toti Toti, and Matene Te Karo, on a charge of high treason, commenced on Monday the 20th September, and terminated on Thursday the 23rd. A great number of witnesses were examined for the prosecution. His Honor concluded his summing up about 6 p.m. on Thursday. He then said that it was usual in treason cases to allow the prisoners to address the jury, even after their counsel had been heard, and, though there was no law on this point, yet it had been established by custom. In the case of the Cato-street conspirators, this privilege was taken advantage of to a considerable extent, and he would, therefore, give the prisoners the opportunity of addressing the jury. On being asked, through the interpreter, whether they had anything to say, Hetariki replied, under his breath, as if afraid to break the silence of the Court, that he had nothing to say j Eewi also declined to speak ; but Matene, the youngest, loudly, and somewhat scornfully, answered, " Kahore." The jury then retired, and, after an absence of a little more than a quarter of an hour, returned to Court. The Registrar said-— Gentlemen of the jury, have you considered your verdict P The Foreman— We have. Registrar— Do you find the prisoner Hetariki Te Oikau guilty or not guilty P Foreman — G-uilty, without one dissentient voice. A similar answer was returned in regard to each of the other prisoners. The verdict of the jury was then translated to the prisoners, and they were each asked if they had anything to say why sentence of death should not be passed on them. Hetariki and Rewi replied that they had nothing to say, but Matene made a long rambling statement in which he said that he fought on the side of the Government at KonaM. Proclamation was then made by the Crier to keep silence while sentence of death was being pronounced. His Honor, having assumed the fatal black cap, said— Hetariki Te Oikau, Eewi Tamanui Toti Toti, and Matene Te Karo, after a long and patient trial, a jury have found that you and each of you are guilty of the offence charged in this indictment — a crime which in all countries # where there is any established society is considered to be one of the gravest and most wicked, because its object is to strike at the very roots of society, and of all social prosperity, and to make life and society, and all that men hold dear, unsafe ; to render property, life, liberty, and all that men most prize, insecure and unsafe. Therefore it is deemed the greatest crime. Although you have not perhaps received such an amount of education as to make the greatness of your crime fully apparent to you, yet no men, or society of men, but are aware that such acts as you have joined in committing are wicked in the extreme, and deserving of the highest punishment. It may be that there exist men more wicked and more powerful in their wickedness than you were ; men who, no doubt, acted the part of tempters to the performance of the evil deeds which I fear will make the very name of your race accursed. The law whioh I am bound to administer leaves me no choice in what I have now to do. I must pass upon you the sentence of the gravest punishment which man can inflict upon man; and no man whether Pakeha or Maori can say that your deeds do not deserve the dreadful doom. The law of our country on this subject is an old law, and I am bound to say what the sentence of that law is. It is not my word, but it is the word of the law. I am, bound in passing sentence upon you, to say other words than the mere sentence of death, and I am sorry that it is so, but I feel confident I may declare publicly to you what I hope wul be made generally known to your countrymen and to the public, that in all human probability the additions whioh it is my duly to make to the ordinary form of sentence of death, will not be carried out. For a long period of years the sentence in cases of this kind has not been carried out in its fullest extent. Things which shock and horrify vi in modern times still remain part of the law, but are not now put in force. I am obliged to pass the sentence as it stands ; but I am sure, however, that beyond the taking of life nothing will be done in carrying out that sentence. The sentence of the Court on you and each of you is, that you be drawn on a hurdle to the legal place of. execute; and there lie

11 '■ ---■; '''-"" - .. . I t ™.. . .!. I.'':. " : ,.L.'.V..jyijnEaJl- >Lr hanged by: tlie PffPK lutti t **'you ; rftrfr ; "flffiKt 8 - that your heads be th^ severedj < bodies be divided into four quartCT^i'jfo be disposed of as his Excellency the Governor directs. I again say that lam lure nothing will be done but the hanging. And now may that Almighty God, whose name you have so often profaned, have mercy on your guilty souls. The prisoners, who appeared perfectly indifferent to their fate; were then removed, and his Honor having thanked the jury for their services, they were discharged. The Attorney-General intimated, that the Government did not intend to proceed with the second indictment against the prisoners. . His Honor, before leaving the Bench* paid a high compliment to Mr, Baker and Mr. Young for the excellent manner in which they had performed the exceedingly difficult task of interpretation throughout the trial, and said that they deserved the thanks of the Government. His Honor also direoted Mr. Bead, the Governor of the Gaol, to inform the prisoner Matene that the fact of his having fought on the Government side at EonaM would be duly represented to the Governor. Shis great state trial then ended.

VISIT OP HIS EXCELLENCY TO WANOAHOT. The Wanganui Chronicle informs us that the p.s. Start, with Sir G. F. Bowen on board, entered the river about 7 o'clock on Tuesday, 21st inst. The official landing was postponed till the following morning. Shortly before ten o'clock the detachment of the 18th 8.1. Begiment stationed here, marched down to the wharf and there formed a guard pf honor. His Excellency, who was accompanied hy thb Hon. Mi. Fox, and Captain Pitt, his aide-de-camp, was received with military honors. The members of the fire brigade were drawn up on Taupo Quay, and were, complimented by his Excellenoy om their efficient appearance. The Independent of Saturday says that his Excellency started for Wereroa on Thursday on horieback in company with the Hon. Mr. Fos. Arrangements had been made for the stay of the party at Wereroa pa, on Thursday night, though it is to be feared the accommodation would be rather rough. It was the intention of his Excellency to proceed overland to Fatea the next day, whence he will take his passage by the Sturt for Taranaki. His Excellency evince^ the greatest desire to make himself acquainted with the natural features of the country, and the Fatea settlers were preparing to welcome their vice-regal guest as well as their limited means will allow. THE BEMAINING- PEIBONEBS. The prisoners (says the Mvmng JPosfl now on board the City of Newcastle will be tried by special commission on Monday, the 27th. It is said that they will be brought up in batches of 10, and as they are expected to plead! guilty, their cases, will soon be disposed of. The intention of the Government after they are sen*, tenced is to send them to Otago, where they will be kept in penal servitude. Arrangements are being made by the €h>' vernment with Mr. Gannaway to carry them to their destination in the City of Newcastle. She will be ready to sail on Wednesday, and from Otago will go on to Newcastle, N.S.W. The other two Poverty Say prisoners now in the gaol, are, it » understood, to be tried for mur-( der, sufficient evidence being, it is believed* producible to convict them. , BETUEN OF BE. FEATHEBSTON. His Honor the Superintendent (says the same journal) returned to town yesterday afternoon from the West Coast. He was ' accompanied by Messrs. Buller and Booth, the latter pf whom has brought down some witnesses against the prisoners on board the City of^Newcastle, to "be tried on Monday. His Honor has, it is said, succeeded in putting down all further op» . position by the natives to the erection of the Wanganui telegraphy The opposition seems to have been principally an attempt to extort money. In reference to the adjustment of the claims to the Manawatu block, which was one of the objects of Dr. Featherston's journey, our contemporary tells us he has been completely successful in making arrangements with all those dissentients whose claims were allowed by the Native Land Court. 5000 aores have been set apart for these 60 claimants, and, if the Native Lands Court (which sits today) is satisfied with the justice of the arrangement made, there will be no further postponement of the proclamation of the extinguishment of the native title. The same journal says :— A sitting of the Native Lands Court was held to-day, when the provisional arrangement Dr. Featherston had made with the dissen- , tients to the Manawatu purchase were considered, and with some trifling amendments ratified. THE TABANAKI. The Post of Saturday evening has the following: — The Taranaki is now afloat, but stul leaking somewhat. The divers have gone down to see if they can stop up the holes in her side more effectually. COHMODOBB IAMBEET CENSUBSD. Nothing (says the Evening Post) has given us more pain lately, than .the fact that the Admiralty has been, pleased to censure Commodore Lambert for the, part he took in reference to the return of the Himalaya to Australia, without the troops she was sent here to embark. The following letter has been addressed to the Commodore : — " Admiralty, 17th June, 1869. « Sir— ln reply to your letter of 12th March, No. 18, reporting the circumstances under which you had ordered the. Himalaya to return empty from New: Zealand to Australia, I am directed by the Lords Commissioners of the- Admiralty to acquaint you that their Lordships are of opinion that you committed an error '' of judgment in so doing. "You were aware that the Himalaya . proceeded to New Zealand in compliance ' with a requisition from the Major-General Commanding in the district, who, having before him not only the telegram to. Captain Piers, but also that of the same date to himself, giving him discretionary power as to the detention of the 18th Foot in New Zealand, had, after consideration, determined to remove the regiment, and wished that the Himalaya should be employed for that purpose. Under any circumstances you would have taken upon yourself grave responsibility in over-rul-ing this decision on the grounds stated in your letter to General Chute, but before doing so you should, in any case, have consulted the Governor or principal mili- > tary authority of the Colony* " MyLords regret to find, by inquiry at the War Office, that you acted in fthw matter without any such consultation, and entirely on your own authority. "lanv&c, "J.H.BbICKJS. " Commodore Lambert, C.B. t It must (adds the Post) be a satisfaction to the Commodore to know that, although he has been censured by the Admiralty, he saved the Colony. ■'..-> / v .>