SUPREME COURT.

New Zealander, Volume XXIV, Issue 2618, 7 April 1866, Page 3

SUPREME COURT.

MARCH CRIMINAL SESSION. [Wednesday,] (Before His Honour Sit GiiORGE Ak.vi.v, Chief Justify.)

THE MURDERS OK VOLKNER AND FULLOON.

THE PRISONERS BROUGHT LT FOR JUDGMENT. The Supreme Court was opened to-day in order I hat judgment might Dounced upon the natives found guilty of various crimes before the Raster recess. Never before in this colony, and, we should say, not often in any British. Court of Justice, have so many men been brought up for sentence on such serious charges. There were thirtysix prisoners in all, and of these only one liad not been found guilty of any crime. Twenty-nine had been found guilty cf crimes for which they would receive sentence of death. Mr. Commissioner Naughton went up to the Stockade at nine o'clock in the morning, with two large vans, and a strong force of police. The prisoners, handculled in paiis, occupied the inskle of the vehicles, and an armed guard of police was seated on the top.

A large number of natives collected about the Court-house, and appeared to take a great interest in the proceedings. One of the. prisoners, Taraati o Ngatihoko, was so ill that he had to bo assisted into Court by one of his companions.

By direction of his Honour, the prisoners in custody for all the charges connected with the Whukatuue affair, and those for the murder of Mr. Volkener at Opotiki, were brought into Court in order that they might hear the whole proceedings.

His Honour said that before, the business began he would ask Mr. Carnell if ho had any motions to make iu arrest of judgment, and in what case. It there were any motions in the case for the murder of Mr. Volkuer, the Crown might press the case against them as being accessories before the fact. If that indictment was disposed of, Ihen Baora, who had been fouud not guilty, might be discharged.

Mr. Caruell said there were no motions in arrest of judgment iu any of the cases.

His Honour said ho had thought anxiously, day and night, about tho matter, and he felt that if he had seen anything that had escaped the notice of counsel for the defence, and having regard to Mr. Carnell's short experience) in New Zealand, he should have felfc it his duty himself to have raised the> question —as the other day he had raised a question—as to the indictment, even although the prisoners' counsel had surrendered it. THE MURDER OF MR. VOLKXER.— SENTENCE OK DEATH.

Mokomoko, Hereon ta, Hakaraia, Paora Tain, and Penetito were then arraigned, and charged with being accessories to the murder of Mr. Volkner, and on their pleading not guilty a jury was empanelled.

Mr. Brookfield said that after consulting with Mr. Wynn, and those by whom he was instructed, lie thought it right to ask leave to' withdraw this charge. Four of the men had been couvicted of a higher crime, and as to the fifth, Paora Taia, the prosecution would not be able to connect him more nearly with the affair than in the former trial.

A verdict of not guilty was icturned. EVIDENCE AS TO CHARACTER. Mr. Carnell then called the evidence as to character of the convicted men. Several witnesses who had previously known the prisoners were then examined and spoke to their former good conduct. The prisoners were then asked whether tliey had anything to say why death should not he passed upon them. Mokomoko, Heremita, Peuetito, and Hakaraia te Pohui then made long rambling statements, in most cases totally foreign to the matter at issue. His Honor then assumed the black cap, and spoke as follows : Mokomoko, Heremita Kabupaea, Hakaraia te Rahui, and PuuuUt», you severally stand convicted of the awful murder of Carl Sylvius Voikuer. You Peuetito, huvo been reco. ended by the juiy to mercy. I shall forward that recommendation to his Excellency the Governor, and considering your youth, I shall mysell humbly iutreat the Governor that he may be pleased to extend towards you that royal mercy which the Queen entrusts to him, and to him alone, so that your life may be spared. The Governor will be informed of what Mr. Grace has this day suid. Hut to you Mokomoko, Heremita, and Hakaraia, I dare not hold out a hope of mercy. The murder of which you aro found guilty was perpetrated upon a meek man, a prophet of the one true God, and was attended with atrocities which have brought disgrace upon the Maori mime. I will not describe tboso cruelties i rom this judgment seat. You

know them, for you took part in tliem, and already all good Maoris disown both this murder and (he chief actors in it. However, (his is not n time for reproach, My duty is notto reproach yon for the sin of y >nr lives, hut to bid you prepare to meet your death. The sentence of the law upon you, and upon each of you, for this your offence, is, that you be severally taken hence to the public gaol at Mount Eden, and there (hat you be severally hanged by the neck until you are dead ; and may the Lord have mercy on your souls.

The speech of his Honor and the sentence were repeated in Maori by .Mr. PrCPce. The countenances of the incu condemned assumed a fixed and despairing look ; the others were perfectly quiet. I lis Honor addressing Paora Tain, the lad who had been acquitted of the charge, said : Paora Taia, you were arraigned before this Court upon the charge t' at you took purl in the actual murder of Mr. Volkuer. The jury, by their verdict, have pronounced von not guilty td this murder, '.('hat, verdict accords with the evidence, and is approved by the Court. You were then arraigned upon I he charge (hat, all hough not yourself present at the murder, you incited and procured others to commit that crime. Those who prosecuted for the Queen have considered (hat, by leave of the Court, they might withdraw from further prosecuting you upon this second charge; and the jury having no witnesses before (hem to prove (hat you instigated others lo murder Mr. Volkuer, have returned their verdict accordingly. You thus learn, from your own experience, that the: law is just—that it dees not confound tin' innocent with the guilty, and (hat the jury declare no man guiity until his guilt, is proved, But do not mistake. You have Leen the servant of Kereopa, the dupe of this Hauhau folly, aud the companion of murderers. Walk no more ■with such men You have seen this day that their end is death, but in the •word of the missionary you will find the truth and the life. Keep (hat word, and henceforth be faithful to (he Queen, whose law now restores you to your friends. Go in peace, Paora bowed slightly to his Honor. and then left the Court in charge of Kctireli. RECEIVING THE PRi PEKTY STOLEN FROM 'iflK ' KATE.' The following prisoners, who have been found guilty of receiving goods stolen from the vessel, and of no other offence, were then brought up for sentence :—Molii te Paohi, Eria te Ilakomt, Ilohapala Wharera, Wiremu Kepa, and Tc Meihana. On being asked if they bad anything to say why sentence should not be passed upou them, Mold le Paohi said : I had net any of the goods. The witnesses was false witnesses regarding me. Did they see me taking any of the goods ? 1 had no goods. Erin tc Ilakona also stated thai he took no property belonging to the vessel. Hi-" lienor, in passing sentence, said that the live prisoners had been found guilty of having stolen the goods from the cutter 'Kate' Uwhi was tried as an accessory to the murder, but the jury had acquitted him. IJe and three besides him bad been found guilty of receiving the goods tf Bennett White. They knew that in so doing they were doing wrong, for whoever received stolen goods encouraged the thief. No doubt part of the motive which led to the murder was that they might afterwards rob the vessel. The Court was willing to believe that their offence was •that, when they saw the property ou the river-side, they yielded to the temptation to take some of it. 'I herefore their punishment would be light, aud when they came out of prison they must remember that what the Maoris called acts of war were acts of crime. The sentence upon them would be three years' imprisonment. On the others who had been found guilly ou this charge, and on other charges, sentence would be respited during the pleasure of the Court. The nine men convicted of being accessories were then brought up. They were —Te Hura te Tai, Te Pitoiwi te Putarera, Horomona, and Kereama Toitoi, Hepeta, To Honiara, Hakaraia Tohora, Te Uwhi te Haraki, aud Turi te Matutarewa.

On being asked the usual question, these men entered into long statements having in most eases nothing to do with the charge against them. The attention of his Honour w;»s called by Mr. Carnell to the fact that one of the prisoners (Tamati o Ngatihoko) was suffering from severe illness. JJr. Keuderdine was sent for, but was liot at home. On Mr. Hamlin speaking to the sick man, he said that he had been ill for three weeks, and would not be able to say anything to the Court. His Honor said that in these circumstances he would adjourn the Court, so that the Provincial Surgeon might next morning make a statement as to the prisoner's condition. The Court adjourned at a quarter before nine o'clock. [Thcbsdav.] TWENTY-FIVE MAORIS SENTENCED TO DEATH. The twenty-five prisoners connected with the VVhakatane affair, sixteen of whom have been found guilty of the murders of Fulloon and Ned, and the other nine of being.accessories before tli') fact, were brought up again to-day. His Honor the Chief Justice, after a Te:y impressive speech, passed sentence upon them as follows:—The sentence of the law upon you, and each of you, for this your offence, is that you be severally taken hence to the public gaol at Mount Eden, and there that you be severally hanged by the neck until you are dead; and the Lord have mercy 011 your souls. Retired was then directed to inform Heahea, the deaf and dumb man, that the judge had sentenced him to be hanged. This he did in a few expressive gestures. His Honor intimated that sentence on the prisoners for the other offences of which they l.ad been convicted

would he respected 'during the pleasure of tin' Court. The v hole, of the prisoners were , then removed, all perfectly quiet. So ended these protracted and important (rials.