SUPREME COURT.- Saturday.

New Zealand Herald, Volume I, Issue 118, 30 March 1864, Page 4

SUPREME COURT.- Saturday.

CRIMINAL SITTINGS. [Kefoi-c His lioii'.r Jiaigo Jolui-stou.J The Court resumed at ieu o'clock yesterday, UI'ESTIO.V or INSANITY. Mr. Mtrrimau wished to make an application to the Court, previous tu the coiumeiu cmc-nt of Jjruomgoold's- case, which had been iixc-d tor that morning. The application had ruli-i.-ntu to Nikt.-jL-H::i and Keren 1 ., who ami been remanded a tew days since on the ground o: insanity, lie hud been 'wry much surpiisid at the con.met of the prisoner' at the bar on that occasion, but no doubt it bud been uwimr to Lb. being greatly contused in being .suddenly iirouijht before the Conn. .Since that time in.- halt hud film medie'dly examined by competent medical men, and be would be able to [five to the Court sufticient proof that the prisoner wu-s in such perieet possesion of bis faculties as t.i be able to plead to his indictment. Ilia reason for asking the Court to take tills as tiie first Case was, that Mr. Maekay was a witness, and wished to liavo that due at" twelve o'clock ior t.ic .South. He would now ask the Court to try whether the prisoner was al.de or not to plead. Alter »u!i:e conversation between his Honor and -Mr. ilerrim„n, the prisoner was brought before the Curl, and JJioomgould's case postponed for the present. The following question was then put to him, Mr. Puekey translating it into the Maori language. The grand jury say that you murdered Te Waiti; 13 it correct, or simll it he tried that it mav be known —The native replied "2so; he coimiiiticd'tho murder himseii." His Honor said if that, bad taken place before he should have certainly t.'.kcn it is a plea of " not guilty." He thought it better to err on the safe side. He did not think it would he acting quite propeilv as it might be suggested that they were easting a'n imputation on the ionner jury—unless tliev empannel » frc-m jury io try wh'otb'ei prisoner was at that luomcnt capable of pleading or of understanding what was taking place. A I'rc-iii jury was then sworn,Mr.Broad being chosen foreman. Edward i'mkey was then sworn and deposed : 1 am acquaintol wiih tin: Mauri language. A few minutes age 1 asked the prisoner a quosimu ii: wrilimand tin- prisoner replied in writing, (Mr. ]'„-kv ihcn translate tne .pc-Mion ,„• answer as given above.) Mr. Muni-, interpret...; lhi„ evidence to tin- on <o.i ,-r who repealed bis im-ver.

Jumcd jiiiCAj- sworn: -!. was in Court, tin- day wljL-n the pr:v„i-r v.,,.-; t,i,,l ~„ ii„ ; ~],.., ~f insaiiilv. I subsequently ksw him in the gaol. [ did not take a not-.- of what took place. J vi-it,d hi u , (~;,,,. ~„ thetirst occasion, I put several quo-!i./i ; .s whi'i a Jehad great difficulty m hearing, being deaf. I asked lum to write his name, when he wrote Ukaru He a'so said hi., name was Sikiiemi and belonged to the \\ akatoia tribe, of the Hau.aki district. He denied to have some imperfection in ids speech, and J had oiieii tog-i himlomake the answer soveial times betore ] could understand it. He read a few lines out oithe prayer-book quite concctiv. J ask.-dhiin v.-li:.t church he belonged to and he\aie. the Jtoman Cllthollj. I asked him if he would like te see a Catholic minister. He said ves and -avc nio'tho liiinic ot ins mimster, which I at this moment lor-o-t. I saw nothing strange inl.d.s conduct except what iniiv ho attributed to dealne.-s and the impediment in Id's speech. He is a very obstinate man ; I had to strike him several tunes before I could -et his attention. J saw him ayain on Snndiiy last in company witli -Mr. Biitslow and Dr. Hiclveunnu. [ produce answers- I lie wrote in answer to a question put bv me. Mr. Jlacky was about to read the answers when it uppeared they had reference to the .Maori, which his ilonor would not allow to be read in Court, as it mi"ht prejudice the prisoner on the trial. lie answered the question I put very pertinentlv. I then asked him what tribe lie belonged to, and he answered clearly. I then said (pointing to Ur. McKeimori,) that, man says you ale insane. He wrote he was \Y..\)j.,,;n„:l. if,., spelt liie «ord without the e-.tur " iit - hll d when I a.-k-d iu'm if thai w„s ii:;hl ! ea:d No, no, it..ii(jht to Jiave the •' g" in it. Jd;d! not hear -ill fiat, v-.k pi •<■.: ,„ fioi'ouit o.nhedav of i e:.a,n,n,;i:.u of .Ur. j -~-„ ~ ;,!,.. i;.,.,,. ~„„., |.„ ;,Je- ,' heine-n, and m-v-,,,; ~,•;„.,• ; , -.herd -enrlemeu. -'dr. l'lli-K.-y tr,:e-lale-i the evidence to the );i« 'Her as!:;it ; ; h._m it he wished (o M .-.k an\ que.-tiou. the prisoner re id itchroiiifii app reutlv verv i ««■' then replied " ejoct. him." ' ;

l)r. McKinnon was then examined:—My Tiam.-'i's William Alexander McKinnon. lam surgeon of the 67th regiment. I have seen prisoner ou three different occasions. Mr. Mucky was there on two occasions. I heard Mr. Macky speak to him and on the third visit suggested that Mr. Macky should get his answers in writing, I have studied the question of insanity. From the conduct, ianguageand demeanour of the "man, J was able to understand something; of his mental condition, and I consider him to be sane. I found none of tin- characteristic of the four classes of mania recognized by medical men. Three medieal men accompanied me. The man seems to be of a lowclass of intellect Imt seemed perfectly intelligent. Ileal 1 Maniacs are usually very violent. Ilia Head seems quite symmetrical and exhibits no malformation. '"To the question as to whether he thought these building.- safe to human life and likely io aficct the intellect," Dr. McKiunon replied"! think the condition of these buildings sncV. as to uialerially atl'eet the health of those who have to remain in them, and that it is impossible that the intellect of those who have to inhale its poisonous atmosphere enn bo so chv.r. As a sanitary ollicer I say.'these buildings are dangerous to life and have been constructed in defiance of all sanitary prim iples. j The evidence was translated to prisoner who wrote in replv, I have no wish to ask any question. Dr. Stratford waj then o.vami.aed and deposed : —■ I am a surgeon and have paid attention to eases of insanitv. I went to prisoner in company with three medical men. I saw no reason to suppose that prisoner was insane. Dr. Carbory deposed:—l am a staff assistant suiueoii. I visited ])risOiu-r in gaol. I have studied thosubject of insanity. I consider prisoner sane but of low intellect and sullen disposition. Ilr. Goldsboro' then deposed that he had carefully studied the subject of insanity, lie visited the prisoner once, Trout what I saw on that occasion, I saw no evidence of insanity: nothing except mere stupidity. The 'substance of the evidence of these three medical men w:us translated to prisoner, who replied that he was not pormuji. Kobert Cluphani Barstow was then examined : —1 committed the prisoner at the liay of Islands when lie appeared to be perfectly nine. I saw him examined in this a court low days ago, when he did not appear so intelligent as at the Bay. I have since seen him in prison, and lie seemed more intelligent than he is when in court. Mr. liarstow's evidence was then translated to prisoner. His Honor then represented the case to the jury and asked them to decide whether the prisoner was capable of pleading to the indictment. He ipiilc agreed with the vei'dict the former jury had relumed on the same case a few davs ago ; they had however fresh evidence before them as to the- state of the man's mind at tee pie.-rut moment, and he lelt. the case in their hands. The jury did not leave the Court, and altera brief consultation, it was decided that prisoner was sufficiently sane to stand his trial. Mi.'unKu at Tut', hay or islands. Xikotenm Okeroa was then placed a! the baron the charge of having, on the '21st January, ISG-l, murdered a native named Waiti. Plea—Not guilty. A fresh jury was empannelled to try the case ; Mi". Buchanan foreman. Messrs. Turkey and Munro were sworn interpreters. Mr. Merriman opened the case, and called llakai ia (a native), who was then sw..rn,deposed: — J liveatWaikari. I know Waiti. He is dead. I don't know the dav I last saw him alive. 1 saw him on the day he died at his own place. 1 saw Okeroa on the same day. Waiti and Ukeroa Were lighting at te Waiti's place, close beside the water. 1 was out on the water iu a canoe, not a very great distance off. 1 was near enough to discover who they were. When I lirst saw them I vas in a canoe, and prisoner was coming from Waiti's place towards the point not far from the house. Win n the prisoner got as far as the point Te Waiti came out ol his house. Ukeroa himself was living at the point, and Te Waiti came towards it. Then prisoner turned round to kill his man, and Te Waiti cried out " I'm murdered." Te Waiti called out again he was being inuidered : he was being stabbed with a knife. 1 saw prisoner striking Tu Wuili at that time. He had fallen upon the ground, not upon the ground that was washed hv the water. The prisoner then drugged Te Waiti into the water. I paddled towards the place whilst tiiis was going on. I next saw the prisoner jump upon his man and cut and stab him with a kuile. When 1 got ashore Kerehi came up. 1 went to the place and found Te Waiti dead in the- water and the prisoner sitting on him cutting him. He cut him lirst on one side the neck and then on the other. When Keiehi came she brought a large stick and struck the prisoner on the back of the neck, who then got oil the body of Te Waiti and went ashore Besides tlie wounds in the throat, 1 saw a wound on tie- wrist.

iiy tiie Court :—The prisoner is the rum 1 saw sitting..ii Te Waiti's body. I had s.-on him behav that time. 'When the prisoner turned round on Te Waiti with the knife in his hand, Te Waiti was going quietly towards him. The evidence was then read over to prisoner, who then said witness was the murderer. This reply was then translated to witness, who .said it was n. t necessary to loply to that accusation, prisoner himself being the murderer. Hori Kawhero then deposed :—I know te Waiti. I .-aw him the day he died. I was on one side of the W'aikari, Te W'aiti on the other. 1 saw Te "Waiti being thp<wn down into the water bv prisoner. I heard Te Waiti make an exclamation'; it was " Oh my relations, I'm hurt." I beard tiie crv before he was .-truck down. 1 paddled to tiie middle of the river and Te Witi was de id, the prisoner .sitting on .'lis body. Winn 1 got near the shore prisoner ran away. I'm sine prisoner at the dock is tne man wlm struck Te W'aiti down. 1 led seen him hofcic ; lie has slept at my iiouse. There was no previous lighting between them. I saw previous witness there. He arrived there before I did. Hon Kawhero's evidence was then repented to prisoner, wiio again replied "This man committed the murder." Keweti was then sworn and deposed: —On the elav of Waiti's death, I heard W'aiti cry out " Alio an, k'a kino e te whanau." ! saw prisoner then:, striking Te Waiti several times witii a knife. To Waiti fell down into the water, i puddled ill that direction in my canoe, and saw the prisoner run awav. 1 was near enough to discern thai it was the' prisoner, t had seen'bin, 1, ( .r„,,..

herein, a native woman, rli.-n depo-ed : Waili was niy husband. I ivmemb •,• the day of his death. That morning ihc prisoner came lu our house. I and my husband and child had just got up. lie sat. down on a log of wood ; I on one -idc, and mv husband on the oilier. Te Waiti said, " Whtil Is lliat piece of wood lor." and prisoner said. '• ll is Io kill j .ii.ll -Willi.'' The piece of wood alluded to was a i spear. Te Waiti took the .-lick and laid it on I he ground. Waili .-aid. "Co to voiir oun place." Alura liltie \. bile, prisoner went* anal. Then Te j Waili .-aw thceimocs of in- . hialr, n, and ucul in 1 thai diiviion. )e Waili went on m ignorance, hm j prooucr knew where he was ...one-, ami md him. and ! e Might hold of him. I came up ii.sl as he was in i the ae|. I w, iic towards tlieiu and saw them go down into water, and prisoner get on mv husband's shoulders. When [ got there my husband was dead, and I snatched up a piece of wood and struck the prisoner on the head. Prisoner was the only one there. After I struck him. he cot oil' the dead*body, and .-truck ine do«n also. My husband had no weapon. 1 did not sec mv liusbaud strike prisoner at all. M\ husband's buel\ mis gushed all over, head, face, and neck. There 'mush wound also in his .arm. I know of no quarrel bclbrc-hand between prisoner ,„„1 Te T) , e W!l , „„;„., towards Ins own place. ' ° " Prisoner had no questions to ask the woman, llohcpa. a native, being sworn, deposed : I heard murder had been eoinmilted bv prisoner. 1 wenl Ihcn m pursuit of prisoner aud'camdif him. 1 took him Io Ihe.-citlcmcul. I did not lie him. 1 ~;,,,, him in charge of two other unlives. One of them. Pepcne, had a rope and lied him. This happened on the day of Wail i's death. When I took him I I did not tell him what he was arrested for. Hori l'otana then stated: I recollect the day of Waiti's death. I recollect K-pene taking prisoner to the jinh. 1 searched him and found a knife upon him. The knife produced in Court is the one. He gave it to other p, rsons, who gave il to -Mr. Ilarstow in my prcseoce. Prisoner declined to ask a:n epic- J t.ons. ' I 1 oherl C. JSarstow. sworn, staled : i am the l.Ysi- I dent .Magistral,- at the bay of Islands, i v.a-s the j niagi.-liale wlm eoii'miitul prisoner mi the jir. -.-i:i rhiirge. i r.'iriied l.nile now pio.juccd liom . I'l-isuiier. I kiiov. someone n iio Inio a post morlcm | I'A.'iiiiiiiatiiui <d' loe dead iioiiy of Te Wmli. Hi- i mniie is S. I'oKI. .Mubsco'iieiil io comnnlial of , prisoner, 1 saw him in gaol at Kusscll. lie had |

several scars upon his person ; one was over vieht eve; others on arms, like rope marks-. Abo cuts in his hands. 1 stooped down on- prisoner to examine tin! nature of his wound-, parti'-ularly t'ie one over the eye. .He said the rope marks hurt him. Seeing me looking at his hands, he said the marks on them were done by the person who was dead. 1 conversed with prisoner then, and twa-e .iiibscipientlv. 1 ] K iro no reason to believe him mad. S. 11. Ford was then called, and stated: lam aM.B. C. S. of England, practising el Russell. 1 made an external po-t mori.-n- v-.\audn:iiion of the (bad body of Te W,..'ti. I found seven woundahogelhei— litree stipeHiei.-i! in.-i.-cd Hounds rn fai e : they were Uol deadly : one on nape of u-. ek : two very revere incised wound- extending from below itlc'h car to beneath angle of the jaw. Tac\ were about one inch dc-p. and ilu-ee inches !,,„g. dliiding external jugular vein, ami evterua! carotid on cither side. Either of thc-c ttoumls Was quite s'.l'llcicilt to produce death. Thnv was a wound in h-ft wrist, opening the radial artery. That wuld have Leon fatal aione without siuci.al alien dam .-. The knife I iu Court is just the kind of instrument !■> inllicl ! such wounds. The wounds were certainly not such j as deceased could have inflicted on himself. It I would have been impossible. This concluded the case for the prosecution. The prisoner was then asked if tie had anything to say to the jury in his defence, and it' he but any witnesses he would wish to call. He said ihe woman (meaning the wife of the deceased) hud murdered hint. I'risoner said no more, but maintained a sullen, stolid air, as if lie had nol heard what was said. The jury were then allowed to take five minutes for fresh air before the summing up. The Judge, in summing up, observed upon the I necessity for calm investigation of charges such as these, and noted poiuls of law with regard to the crime of murder. lie wa- .-orrv not to he able to I find in this case, from beginning to end. one little of evidence to prove that it might conic under the mitigated oifeitcc of manslaughter. It. would he dillicull to conceive a case that could be clearer, if the witnesses were to be relied upon, and the only ■ thing which could hv imv pos.-ibililv shake the ease I would be Ihe silppo-ilio'n ibat the Maori whin-s-es had combined to eommil ■.lorjurv. but their c.idcnce was perfectly clear. :ind" hu I s'lood the test of cross cxaminalion. and the prisoner had. in three ea-es, accused the witnesses ol being tin- murderers. The circumstantial evidence ii. tins ca-e was a-clear a.the direct, and in some -a-c- <-ircions|an!ia! evidence | was more to be depended upon than direct evidcree. His Honor proceeded lo sum up the corroborative facts, and to remark upon liicm. He did not lliink there could be so much weight atnichei! I" circumstances that, amongst Eir.v-pcar.s. would be looked upon as evidences of iu-anitv, in ihe .-a-e of the Maori-, who bad no regard" l\„- human life, mid would take a life wit'i a very -light, if any. motive. lie culled attention to pri-oner's word- when addressing .Mr. liar-tow. with nl'« rcm-e io cuts iu hiIhinds. confessing that they were made bv'lV Waiti. His recognition ot tin- wiin. >m- and ai-ou.-ation it j the woman of having miu-iM-, d him, will -bow hi- : i power oi i-oniH'i'tiiig eiiciim-taiic..- in hi-own mind I j and the absence of in-aui:>.but f in- \ i tellect whi.-li sh'-uid make lum :n, -.pen-,:.;,- f.rht-, ! act-, his Honor could see any 0r..;, and prisoner' ! must take bis trial upon the '. .irci.m -;,:,.. - of the: ! ease as would any ..li.i-r m,,u. I'u-.-— the jur. ; .-oul,l see any r, a-mnble .-,;,;, m-e ihai the mal. id i the lair was not tin- man who ciumi'.'.od the mui'.lci, I or anything that -bould n-dn. •■ ::,•■ .-ilme t" lie ! minor'"/lie- ~j „,an-!.-..n-b;,-,-. i'-.c mu-I ;.i inri him guilty "f th- crime wit!, w Ibeo •„• w-.-'cl arj.-d. i Th" jurv n tired to con-id'-r tluir vi-niici. and J alt.-i-dchl-rsting about t. n miniit. .-, i-tinned with a I verdict of Giiidv of Murder. lib. Honor a-', inning i!„- b'.-o-k .-a,., .-chin-sod the i prisoner a- follow- : . y,.u have been lo.md guiltv if 1 niurd'-r. You mty i,..i p.-iln;- b- -.. w, II abl'o t-> I judge us oilier-, bu: wo : ,„. all' -in,- that you knew what you weie doing. V, -,i cannot ..\ je-.-i io derive j any nilvcutage lr. n. ii'-t b, ing a- iTde'dig' nt asotbeis. I You knew very w.-'d ij, ; . t y,.u w---i.- doing a ivrmir ; thing. Tin-Aimigtity ii.,/!, i.,. : ,.r,. whom you wiii i shortly appear, bcioje w1,,,m all la ait - ai •• op'-n. will ; judge you, but I ha\e no |~.wor but to do a- I a ill ai'out ;to d"-"-to sentence vnii in neatli. The -.nonce i.-. ! that you will be l.'iki-i: hence i,. ij.e slocka.io al I Moun't Eden, ami that you will !■■■ hang-.-d by th ■ ! neck tiil you tire dead, and may tied Almighty have I mercy upon your soul. .Minister-. .1 your religion j will visit you. The ( ouit adjourned to lid.- day, the 1)i uuigonld ; niuriler case being tic- only one •.',.,w undisposed of.