PORT NICHOLOSON

Nelson Examiner and New Zealand Chronicle, Volume II, Issue 92, 9 December 1843, Page 367

PORT NICHOLOSON

We have received Wellington papers to

the 2d instant, but have no room this week 0 /br more than the following extract from the Gazette of the 2d instant : — . On Wednesday* Awabo, a native belonging to Watkanai, was suspected of having stolen a gown and cap, two night gowns, one waistcoat, and two silk handkercheifv, the property of Eouna Stntfield. In consequence, a constable, who was in the pa at the time these things were claimed by a little girl, on behalf of the owner, told Awaho he must go with him to the Police

Court. He refused to do so, and the constable having been joined by two other constables, attempted to compel him to go, when a regular attack by the natives was made upon the police force, who were maltreated and defeated. Application was then made to the Police Magistrate, who sent down troops, when the prisoner yielded, but not until one of the natives was slightly wounded. And it is the general opinion that, bad not troops or some other military force been on the spot, this trumpery pa would have set the law at defiance. Events daily afford proof now of the absolute necessity, if the law is to be vindicated, of a sufficient body of troops being stationed here permanently. Having been captured, Awaho was conveyed to gaol handcuffed, in charge of constables, but, on arriving near pa Pipitea, he managed to escape. The Maories on seeing this turned out armed with guns and tomahawks, and three white men, in attempting to retake Awaho were exposed to the danger of losing their lives. The military were again turned out, and, after a slight show of resistance, he was retaken and placed in the dock, at the police office, under charge of a guard of soldiers. The examination resulted in his being committed to take his trial for robbery, and for assaulting the constables ; and he had the honour of again being escorted by the troops to the new gaol. It will be remembered that, in December, 1841, Mr. Archibald Milne was murdered on the road between Wellington and the Hutt. The investigation at the time was miserably conducted, and the result most unsatisfactory. It has been very generally felt, ever since, that Milne was murdered by a native ; and this man Awaho is the individual who was identified at the time as having been seen following Milne the night he was killed. It is stated, that when the stolen things, for which he is committed to take bis trial, were seen in his box, clothes said to have been worn by Milne the night he was murdered and stripped were also seen there and identified. In consequence of this, the cousin of the murdered man, Mr. James Smith, who has throughout been diligent in his endeavours to find out and bring the murderer to justice, at the conclusion of the investigation applied for a warrant, for the purpose of searching the prisoner's boxes — and the warrant was granted by Major Richmond. The keys of the prisoner's box were given, at the conclusion of the investigation which led to Awaho's committal for trial for theft, to Mr. Clarke, the SubProtector of natives, who had acted as interpreter during the examination. Mr. Smith requested Mr. Clarke to accompany him to the pa to examine the boxes, but he hesitated to do so, and at last acknowledged that he feared for the safety of his life. He subsequently went down as far as the pa, and, on seeing the natives, said they were too excited to allow of the boxes being searched at that time. Mr. Smith was afraid that, should time be allowed, the evidence of the man's guilt might be destroyed, but all his entreaties were of no avail. Mr. Clarke's fears overcame his sense of duty and natural desire to avenge the death of the murdered. Mr. Clarke, while labouring under his dread of a tomahawk, has been described to us " looking truly pitiable." If this be the fact, if Mr. Clarke consults his happiness, be will resign the office he holds, for contests, which must take place with the native before peace and harmony exist, will cause him frequently to be called on to perform duties which will be attended with a considerable chance of his losing his life.

Early yesterday morning the Maories were seen to remove from the boxes the clothes supposed to be the evidence of Awaho's guilt as the murderer of Milne. Trustworthy witnesses can testify to this point. Mr. Smith applied yesterday morning for Mr. Clarke to go to the pa with him, and after some hesitation that gentleman refused to do so. Mr. Smith then proceeded with the constables to the pa, and of course was disappointed. Others besides Mr. Clarke appear to deserve censure, but upon his head must be the consequence of having defeated the purposes of justice fall. Of course, when Captain Fitzroy arrives, Mr. Smith will memorialize him on the subject and pray for a full inquiry, and that justice may be done in the matter.

On Thursday morning the natives despatched messengers to Rauparaha, to inform him that one native had been captured and another wounded ; and we may expect to hear of that old savage and his followers preparing to revenge the insult offered to his nation. The Maories now repudiate the Queen's authority altogether, which might be naturally expected as the result of the abstaining from doing justice on the murderers of the white men killed at Wairau. Had justice been done in that matter at once, the hostility of the natives would have ceased ; now the Government will find that they will have to destroy fifty Maori lives for one, which would not otherwise have been the case, and that, if our brave officials are to be called on to assert the law, they will not venture to do it unless well backed by a strong body of her Majesty's forces. ~ It has been suggested to us that taking Awaho will be attended with mischief, and that he ought to have been left unmolested at present, unless he could have been made to appear at court without its being attended with the great excitement which is now the consequence among the natives. We confess we cannot adopt this view. Justice has already been too sadly trifled with ; and if we continue to refrain from making the natives feel that we have not lost confidence in our own superiority, they will be induced to make attacks upon us, which will not fail to be attended with great loss of life on both sides. We say, let the law be enforced so long as possible, aad when it cannot be, the proof will be afforded by the attempt, and the British Government be compelled thereby to do their duty by the colony.