SUPREME COURT.

New Zealander, Volume XXIV, Issue 2614, 24 March 1866, Page 3

SUPREME COURT.

MARCH CRIMINAL SESSION. [Wedniisdav.] CHARGE AGAINST THE N \TIVES FUR PIRACY. The sixteen natives who have been found guilty of murders of Fulloon and the seaman Ned were on Wednesday arraigned on the charge that they, “ on the 22nd day of July, with force of arms, on the high seas, to wit, in and on hoard of a certain ship or vessel called the ‘Kate,’ in a certain place upon tho high seas, distant about four miles from Whakataue, in the colony of New Zealand, there being in and upon the said vessel certain mariners, Abraham Bennett White and Frederick Pringle, did assault them,” and piratically did seize tho vessel and cargo.

Mr. Carnell said that before the prisoners pleaded lie intended to raise a plea whether the Court had jurisdiction in this case.

His Honor said 1 that such a plea would require to be presented in writing. His Honor read an Imperial Actgiviug Admiralty jurisdiction to courts in tlie coloniesMr. Carnell said that he would withdraw the plea in the meantime.

By direction of liis Honour, Mr. Preece fully explained the nature of (lie offence to the prisoners, stating that by the law of England the taking the vessel immediately after offering violence to those on board made the crime one punishable capitally. The prisoners pleaded not guilty, and the same procedure as on former days was gone through with Ileahea. A jury was then empanelled (Win. Anderson, foreman) to try the charge. Mr. Brookfield, in opening the case to the jury, said that the prisoners were indicted for the piracy of the • Kate.’ The learned counsel read the legal definition of piracy as '• an offence committed on the high seas, which, if committed on land, would amount to a felony.” It would be proved that the ‘ Kate’ was lying on the open sea at a considerable distance from the coast. It might l>c endeavoured, in the case of some of the prisoners, to set up as a defence that before the actual taking away of the vessel from her anchorage they had left her, having previously saved lives, and that these men were absent during the whole transit of the vessel into the river, and therefore were not guilty. But the jury would find from the evidence that these natives went on board with one fixed common intention, and could not therefore he separated. By a late Act it was made a higher crime to take the vessel im mediately after the violence had been offered to those in charge, and in the present case there could be no.douht that such violence had been used. Mr, Bennett White and Wetinj Taiueri were (hen examined, when

Mr. Caruell shortly addressed the jury for the’prisouers, contending that the case had not been made out as against the three natives who went ashore with Mr. White.

II is Honor then summed up, first reading (lie indictment, which lie stated was framed upon a comparatively recent Act of Parliament—the 7th Wii. IV., and the Ist Viet. ; and, in order to satisfy the indictment, it must be shown that a robbery of the vessel took place on the high seas, and that she was the property of Abraham Bennett White, a British subject. It must also be proved that immediately before the piracy was committed violence was offered—namely, an assault with intent to murder. The prosecution say that they show that a body of natives came on board the ‘Kate that they murdered Pringle, the captain ; and also that one of them made an assault with intent to murder on Mr, White ; and that this assault was made immediately before the robbery ou the high seas. The prosecution also said that having thus assaulted the charterer, the natives compelled him to leave, and thus took the vessel out of his hands. His Honor then, in reference to what might be called the high seas, stated that if a line was drawn from Kohi Point to the other point at the mouth of the Whakatane river, or along the coast, the vessel would still ho ou the high seas. His Honour stated that the stealing of the vessel was completed when Bennett White went out of the vessel, and that that point affected three of the prisoners, who went ashore with Mr. White. If these persons went into the boat before Mr. White, it woo'd lie open for the jury to consider whether they did not actually leave the vessel before the robbery was completed. (His Honour stated in detail the points ns affecting those prisoners.) The object of these proceedings, he observed, was pot to give a helter-skelter mode of punishment, hut to see secured to the native race a discriminating justice. Therefore, the jury would give those men the benefit of any doubt that might be in their minds; and fie thought that the cases of those three men were worthy of their careful consideration. The jury would also observe that one of the prisoners, Tamati o Ngatihoko, had not been identified as having been on board by George White, but only by Wetini, and they might consider whether that was sufficient proof of his presence. After half an hour’s absence, the jury returned with a verdict finding all the prisoners guilty except the three who went ashore in the boat with Mr. White, namely, Hawera te llihira,

Raniera te Werotokotoko, and Haki Tukino ; and these, the foreman stated, the jury found guilty of assault. Ills Honor stated that verdict could not be given in that form. The Foreman then said that (he Jury returned a verdict of not guihy as respected these three men. The verdict of the jury was then explained to the prisoners. The Court adjourned at half past 4. o’clock. [TnunsDAY.] (Before His Honour Sir Gkokok Arni-.v, Chief Justice.) CHARGE AGAINST THE ACCESSORIES FOR THE MURDER OF FULLOON. The Court met at 10 o’clock. The following men were placed in the dock, and charged with being accessories to the murder of James Fulloon:—Te Hura te Tai, Te Pitoiwi te Putarera, Hepeta, Horomona Poropiti, Mohi te Paohi, Te Ilcmara, Hakaraia Tohora, Te Mohi te Ilaraki, Kerearaa Toitoi, Turi te Matatarewa. The prisoners, who were defended hy Mr Carnell, pleaded not guilty, and a jury was empanelled, Mr. Rrookfield, in opening the case, narrated the proceedings of the establishment of the ankati at the meeting at Tauaroa, and the subsequent meeting on the shore at Whakataue. Ho said the jury would return a verdict against the prisoners if they were satisfied that the murder of Mr. Fu loon was perpetrated in consequence of the advice or commands given hy the prisoners to the actual murders. The prisoners did not all speak at the meeting on the shore; but it would be shown that they were all present, and that no opposing voice was raised, hut all tacitly gave their consent. The law on the subject was that all persons present, or within a reasonable distance, so that they might render assistance if required, were to be considered as principals, and guilty of the offence. The prisoners were at such a distance from the scone of the murder that they could not have assisted, but the prosecution would prove that the murderers were aided, advised, and counselled by the prisoners in the perpetration of the act; and, therefore, that they were accessories before the fact.

Rirituku deposed that all the prisoners were present at the meeting at Tauaroa, at which it was agreed to establish the aukati. Witness said that Iloromona told the assemblage about the nnkaii at Taranaki, for crossing one of which the chief Rio was killed. The ankatl was to keep out both the Maoris and the pakehas. (The witness was asked to explain the meaning of the word “kati” in Kereanm’s letter, given below. He said the word meant “ don’t come.”) Cross-examined by Mr. Caruell : The Ngataiwas and the Arawas had been lighting before the establishment of the aukati ; the Ngatiwas had been defeated. It was on account of the King at Waikato that we had been defeated. It was on account of the defeat that the aukati was laid. Horomona’s influence was far above that of the other chiefs, because be was supported by bis god. His god was there at the meeting, talking to him. When Horomona spoke it was not in (lie Maori language, hut in li is god’s language. The meeting understood all that Horomono said. Horoniono used to speak in an unknown language for a long time, and then he would speak in our own language, and say, ‘‘The god has said this.” Horomono impressed this upon my mind when we heard the news of the muider of Mr. Yolkner. lie said, “ What js the sin of Kercopa ? His swallowing the eyes of Mr. Volkner ? There is no sin.” He said this because the Ngatiawos disapproved of the murder of Mr. Volkner. Ido not know how long it was since Horomana came amongst us : because, since be came, Sundays, months, years, wcks, days, all were abolished. When Iloromona divided us into classes, the inner circle got porewarewa Iloromona said that if we did not kill the people crossing the aukati we should be delivered by God into the bands of our enemies. Mohi te Paohi was not at the meeting at Tauaroa.

Holiaia, of the Ngatipukeko, deposed, that he was a native assessor. The original letter, of which the following is a translation, was put into witness’s hand : “ To lloromon. “July 20, 18Go, “ Go, this letter, to Matnpihi, to convey this information. The vessel of tin- Arawa of the Governor has arrived at Whakatane—that is, Pipiana, and Hone, and Te Puhi, of the Patnuhai tribe. Bennett’s vessel (the ‘Kate’) is behind. The law of the aukati has been put forth (made known) by us. The chiefs of this place say that it will not be well that they should ho kali, but (that they intend) to let them come. This ends. This begins about Tuhawhe (Kereopa’s Hauhau name) Heremaia and Kawakura say, ‘Let Tuhawhe bo kati—let him not come here ; if he comes, he will be taken by them two/ This is a firm (settled) word of theirs. This ends. This begins : It will be for you to look at (consider) what is to he done with reference to all this korero. To Te llura, to Te Pitoiwi, Hofoiooua, From (signed) Tamihaua. From all the Pore ware wra. From (signed) Kereama. From Kopeopeo.” Witness deposed : This letter is in the handwriting of the prisoner Kereama. Tuhawhe is Kereopa. By the w: "d ■“ ha as referring to Bennett’s vessel, it is meant that it would not do to keep the vessels from coming in there. There were two parties in Whakatane ; some were in favour of the aukati, and some not. Kereama was ou the side in favour of the aukati. Kawakawa was ou the side which was in favour of the vessel’s coming in.

Wire nut Maruki, ol | the Arawa vessel tlie ‘ Mariuiwi,’ deposed to the hoisting of the Hag “riki,” which meant that they were to kill men, in consequence of the violations of the aukatu I’itoiwi gave orders that the (lag should be hoisted, and all the prisoners were present. After the flag was hoisted a number of people came to K-tuvakura’s house, including all the prisoners hut Te Uwhi and Kt reama and demanded hut Te i’ubi, the captain of the Arawa

vessel, should be given up to them to be killed. (Witness dt qiosed that bo sew the muster of Bcnnott White's vessel, and beard firing in that direction). Cross-examined by Mr. Carnell ; I did not see To I Lira nor Ilepela amongst the people when they came to Kuwait uni’s house. Tira deposed as to the meeting of natives on shore, at which all of the prisoner’s were present, except To Uwhi and Kereama. \\ etlni T'aiuui identified all the prisoners as having been present at the meeting on shore, except Tc Uwhi and Kereama. Bennett White was next examined. Unman to Wai deposed as to the wounds on Mr. Fulloon’s body, Mr. Brookfield put* in the statement made by Horotnomi at the Resident Magistrate’s Court, which was read by the Registrar, and afterwards in .Maori by the interpreter. The Court then adjourned.