SUPREME COURT.

New Zealander, Volume XXIV, Issue 2612, 17 March 1866, Page 3

SUPREME COURT.

MARCH CRIMINAL SESSION. [Wednesday.] (Before His Honour Sir Geukue Armey, Chief Justice.) WHAKATANE MURDERS. The trial of tho aboriginal natives for the murder of James Fulloou commenced on Wednesday. Tlic proceedings seemed to create considerable interest amongst the native population, the principal chiefs of the Auckland district forming part of the audience. The prisoners are for the most part young men, and remarkably good types of the aboriginal race. They were clothed in blankets, tho arrangement of which left a considerable margin for (he display of ingenuity in draping. They were sixteen in number. The

following arc the names of (lie prisoners : —Mikaero Kimanga, Hekara, Ilimoui Te Auru, Paraharahn, Floani Powruru, lloani Hope, Utuku 'i'o Rang!, Te Aka O Tan, 'IV Hura, ITunia, Marnpo, Hnki Wailiou, Wailiou, Huki Tukino, Tarnali o Ngatibiko, Tio Waliu, HaweraTe Hihira,Nu NeaTePakihiwi, Kamira Tc Wero Tokotoko. James Mackay and James Walton Preece were sworn in as interpreters. Mr. Caruell, on behalf of the prisoners, applied for an interpreter. Mr. James Hamlin was sworn in interpreter.

The prisoners, sixteen in number, were then indicted with the murder of James Fulloon, on the 27th July. Mr. Brookfield, assisted by Mr. Wynn, appeared for the prosecution, and Mr. Carnell for the prisoners. All the prisoners pleaded not guilty, with the exception of one, Heahea To Pikihiwi, who, from being sick, was unable to hear the charge. A jury having been sworn in to try the issues relative to this prisoner. Wipiha Apanui, was called to prove the deafness of the prisoner. He deposed that he had known him from his childhood. The prisoner had been deaf and dumb from his childhood Mr. Brookfield wished to ascertain if (he prisoner was capable of understanding from signs. The jury found the prisoner deaf ami dumb from the visitation of God, and not by malice. The same witness deposed that ho believed the prisoner, if spoken to by signs, would understand the charge and he able to plead. Hohaia Te Matatebokia deposed that ho had known the prisoner for some years, he would be able to understand by signs, but; he, witness, would not he able to explain to him. Retired Tapsen, deposed that he had known the prisoner for some years, and had been in (he habit of communicating with him by signs. lie would bo able to make him understand by signs., Ho would he able to interpret the charge, but not the name of James Fulloon to the prisoner. Could not without a length of time make the prisoner understand that he was accused of murdering a half-caste in the cabin of the ‘ Kate.’

Mr. Brookfield suggested another course, that a photograph of Mr. Fulloon should be procured, and shown to the prisoner By that means the natu-o of the charge might possibly be explained. A photographic likeness of Mr. Fulloon was then sent for. Mr. Brookfield said bo had been informed that Mr. Fulloon was known to the natives by a certain mark that ho had under one of his eyes. Three photographic likenesses of the late Mr. Fulloon were then shown to the witness, who at once recognised them. Witness deposed that by aid of tbeso likenesses and signs he believed ho would be able to make prisoner understand that ho was charged with the murder of the late Mr. Fulloon.

The jury found the prisoner capable of pleading to the indictment with which lie was charged.

The witness was then sworn to interpret the charge to the prisoner, and by signs prisoner pleaded not guilty. Mr. Brookfield in opening the case to the Jury, said that he would not occupy them very long at that late period of the day. The learned counsel made a short hut pithy address to the Jury, designating the case as one of great importance, both to the European: and native inhabitants. He should be able to prove to them the murder of Mr. Fulloon, and also, he thought, premeditated malice on the part of the prisoners, whom he would show had gone out armed with the intention of killing every white man they found on board tho ‘ Kate.’ It might bo proved that Mr. Fulloon had been guilty of uttering certain coarse expressions relative to the Hau Han religion to one of the prisoners, and had the murder then been committed there might have been some palliation for the offence, but he would he able to show that tho prisoner shook hands with Mr. Fulloon afterwards, and that it was subsequently to this that the crime had been committed. He could not sec what defence the learned counsel for the prisoner could possibly set up.

To Rirituku and Tira, two native witnesses, gave similar evidence as given by them before the magistrate. This latter witness was cross-examined by Mr. Carnoll, His Honour informed the jury that arrangements had been made for their accommodation at the Belfast Hotel, where every convenience possible would bo provided for them. The Court adjourned at twenty-five minutes to six, until 10 o'clock on Thursday. ["Thursday,] Tho prisoners were again placed in the box. Evidence having been given by Emera Matimati, a native. Abraham Bennett White was examined, and on oath, deposed : I am a settler now residing at the North Shore. I was at Whakatane in July last, on board of tho ‘ Kate.’ Fulloon, Captain Priugle. Robinson, A.ic Campbell, a half-caste, Tira, Matimati, and myself, were on hoard the vessel. We arrived off Whakatane before daylight, and anchored about two miles from the bar. We sent on shore Tira and Alic Campbell, to see if the natives were quiet before taking the vessel in. They returned just a break of day with ray son George White. We weighed anchor, and tried to get out to sea, but there being no wind, we could not. After this a whale-boat approached tho vessel from tho Whakatane river. There were about fifteen or twenty natives in her. They were all armed with double-barrelled guns and muskets. 1 can recognise some of the natives in that boat; they were Para* harahu and Kebara. This is all I cun speak of with certainty. They came on hoard. We were thou under weigh. I spoke to Paraharaha, so did Fulloon. I do not remember what I said. Fulloon spoke first. I asked Paraharaha what the came on board for, whether to

kill us? Paraharaha said the Hauhaiis had sent them. Fnlloon slapped his posterior and said. “ That for Iho HauJnius.” This was said in a joking manner. Ho was laughing at the time. I’ai'aharaha seemed vexed at the remark. He had his gun slung on his sholder. He took hold of it and was going to present it at Fnlloon, when 1 and l ira went forward to prevent him. Paraharaha ordered me to tell Fnlloon to go down to the cabin, and f did so. Fnlloon went down to the cabin. The natives went on shore a few minutes after this. Tira and Malimatia went on shore with them. We then dropped anchor, with the intention of taking the vessel in. About an hour afloi wards 1 noticed another boat coming to the vessel. There were some men belonging to the first boat and some others. There must have been fully twenty. They were all armed with gnus. They til! boarded ns. I can identify some of them. 1 here were Paraharaha, Ilekara, Hawera, Ilona Poronou, llimini, Heahea. T his was all T could recognise. We went below because I thought the boat would tow the vessel iu. We were about ten minutes below when I heard a discharge of firearms on dock. B hen I heard the volley I immediately lumped up and made the remark to Fulloon, “.My Clod! they arc lighting on deck, they arc killing the Europeans.” Iho words were hardly out of my mouth when a shot came past my ear and wounded Fulloou iu the hand. I thru went on deck when the first person I saw was Paraharaha. I asked him if the Europeans were all killed ? He answered, “ Yes, .all killed,” In reply, I told him it was the worst day’s ■work that ever he done. laskodhim then ■what he was going to do with mo. He replied “Paimarire go into the boat.” I went into the boat and sat there. Before I went into tho boat I hauled the slide over the cabin where Fnlloon was. This would prevent people from going down. On the deck I observed forward two Europeans dead. They were Ned and Pringle. I then went on shore. Hawera accompanied me on shore, with two others whom 1 did not particularly notice. At the time I was a prisoner on shore, I heard Heknra make a remark to the natives that ‘■ Fnlloon must not live, let him die, lot him die.” I did not notice any of the other prisoners present on that occasion.

Cross-examined by Air. Cornell : I have lived about twenty years amongst ibe natives, since 184-j. I iiavc lived in AVhiikfitano and adjacent thereto all the time. I have had a good opportunity of observing native customs. I was away from Wlnikatano about a month before going down in the Kate. 11 <new that Mr. Fu 1 loon was a Government officer, and also that lie was in gome degree connected with the tribes of the prisoners. 1 know of my own knowledge that Fulloon once went to the East Coast on board IT.AT. Eclipse, lie writ to Opotiki, close to Whakalanc. I never remember hearing any of the prisoners say t!:a f they considered Fulloon as a spy, hut I heard -other natives say so. [This answer ■was not admitted in evidence ] The natives who came on board the Kate in

the first boat bad a bottle of grog given to them by the master. They must have drunk it on board, but I did not take particular notice. I did not broach a small keg of grog at AYhakatane. I had about three bottles left iu the keg when I arrived at Wh katune. T cannot say whether everyone on board took some of [lie grog. Air. Fulloon bad a glass of grog before he got to Whukatane. Air. Fulloon did not stiy “D n the Ilauhaus,” when Paraharaha told him that he had been sent on board by the Ilauhaus. Paraharaha is, I believe, a priest of the Ilauhaus, at least I have heard so. I did not sec anyone fire any guns on board the vessel. I was on board, but I did not see Ilawera attempt to save Alec’s life. He took us on shore and protected us there. By us, I mean Alec Campbell, myself, and boy. lam quite sure every one was sober on board. I did not see any of the natives who came in the second boat receive any grog.

By Mr. AA’ynn ; Fulloon was about ns far as you arc now from me from Paraharaha when the latter threatened him with the gun. The men in the second boat received some food, hut I do not know who gave it to them.

The next witnesses examined were Iletaraka Tasawehi Wctinu Taimu, AVepehu To Poona, liawari Te AVai, whose evidence was the same as before the Magistrate. This closed tho case for the prosecution.

Mr. Cornell then proceeded to address the jury on behalf of the prisoners, contending that the prosecution had not made out a case, and that tiie whole of the prisoners must be discharged. Mr. Brookfield waived his right of .reply, and the Court then adjourned.

[Friday.] - Ilis Honour commenced to sum up shortly after ten o’clock, reading over the whole of the evidence, and commenting on the various points as lie proceeded. The summing up lasted jicarly three hours. The jury retired at one o’clock, and returned into Court at two. On being asked by the clerk of arraigns as to the guilt or innocence of the prisoners, the foreman replied that they found them all guilt}', but recommended Ifoabea To Pikiliiwi, the deaf rind dumb man, to mercy. Ilis Honour said that it would he ■desirable not to sentence the prisoners until they had been tried upon the •other charges of piracy and arson with the other men. The prisoners, who seemed no way concerned at the verdict, were then removed. WILFULLY MAIMING A IIORSK, Mathias Asrnus was charged with maiming a horse. The jury acquitted him, and he was discharged. Tiie Court then adjourned.