FIRST SUPREME COURT IN N.Z.: AUCKLAND, 1842.

New Zealand Herald, Volume XLIII, Issue 13235, 21 July 1906, Page 1 (Supplement)

FIRST SUPREME COURT IN N.Z.: AUCKLAND, 1842.

BY E. M. Dcvior. ''-.■:;.' ; -,. : "'v ,•-;' Early in the formation of society the need is acknowledged :of authority to : maintain order, only to be secured by the strong arm of, the law. As the settlement of New Zealand progressed and government was evolved from chaos experiments to secure obedience to the laws of civil society were tried with more or less success, ending in the constitution in 1842 of a Supreme Court,

Mr., afterwards Sir, William Martin, whose talents ami integrity rendered him singularly fitted to fill an office at once so high and so difficult, was appointed,ChM Justice, and, preliminaries accomplished, took his seat on the Bench in March, 1842.

The year mentioned was a very important one in our New Zealand history. It was iu effect a turning-point in our destinies. Institutions were taking root, which are the foundations of our civil life, while cannibalism and savagery were receiving a death blow. In this year Bishop Selwyn arrived, with his many influences for good, his powerful personality impressing the natives, who believed him to be the special messenger of God. Religion had a considerable hold upon the native inhabitants at that period, and the chanting of psalms and hymns was often an indication to the traveller that a native settlement was near,

The Auckland over which Chief Justice Martin held official sway nourished a very crude society. A large part of the revenue was derived from the duty-on blankets and tobacco. For several weeks there was no tea in the town. Mutton was scarce and sold at Is per lb. Pork was the meat in general use, and was cheap and plentiful. Crime, we. find, was almost unknown until the introduction of a number of immigrants drawn from a penal settlement, who gave occupation for judge and jury, and doubled the number of criminal cases in the colony in the year following the establishment of the Supreme Court.

The duties of Chief Justice Martin were onerous and difficult from bis first sitting, during which he presided over the exciting trial of Maketu, a native youth, charged with horrible murders. M'aketu was the: CHerished son of an important chief, butinterested in Europeans and their habits of life, and, anxious to observe their ways and learn their customs, he engaged himself to serve a Mrs. Robertson, who had settled on a small island in the bay near Russell. She had at that time one little son, eight years of age, and there were two other children under her care. A manservant in attendance completed .the party, ; joined by Maketu, who was a favourite in the little ■circle. All went well and happily until one sad day, when the savage in his nature suddenly became dominant. The manservant in some way offended the Maori youth, arousing his rage and thirst for vengeance. Attacking him with an axe he savagely murdered the white man. Mrs. Robertson; witnessing the occurrence, endeavoured to interfere, whereupon the young .savage, turning his- rage upon -her also, slaughtered her without mercy. The , two girls, shrieking in terror, next fell under 'the axe of the murderer. The. little boy j escaped for a time, but Makctu pursued him, caught him, and threw him over a high cliff; still pointed out to travellers as the* Scene of this tragedy;' 'The. Maori now set fire to the house, the flames of which were, seen afar" off ■.• and brought visitors to the scene of blood and, horror, Makctu had gone home to his relatives and related the full particulars of the crime.

Such was the first criminal case tried by the Supremo Court in New { Zealand and heard and judged by Chief Justice Martin. Maketu was given up by his tribe to the justice of Europeans, and the Maoris came from far and • near, filling the streets of Auckland with crowds of: solemn, awestricken, inquisitive aboriginals, awaiting the course of British justice.

The authorities were well aware of the necessity of exercising firmness and severity to obtain and retain a hold upon the native mind. Such a necessity has, doubtless, arisen recently at the Cape, and more recently still in Egypt, where it appears to the authorities that severity, however painful, becomes the only possible alternative.

After a long and exhaustive trial Maketu was condemned- to death by hanging. As ho had confessed, and oven boasted of, his crime, no doubt existed of his guilt. The court was crowded with natives as well as with Europeans. The Maoris could not believe that so awful a * sentence - would in reality be carried out. % It was considered, according to their customs, most unmerciful to permit the : victim to know of his approaching doom. The punishment of death should, in their views, bo dealt unexpectedly and without warning. They protested to this effect, but their pleadings were not heard. The day and the hour were fixed when Maketu should suffer for his crimes. .: •■■;.•: '

He was executed at Mount Eden Gaol in March, 1842, and large numbers of Maoris witnessed the execution. The scene, painful as it was, was considered necessary for ithe protection of European settlers, and had the effect of deterring the aboriginals in a measure from similar crimes. The judge was looked upon with very great awe after such a terrible exhibition of his power. In his future travels on circuit crowds used to collect to see the man who had, according to their ideas, power to dictate -this deed of vengeance and cruelty. The friends of Maketu begged for his body, that it might be treated according to native usage, This was at first refused, but. after nearly a year had expired, the body was exhumed delivered to his friends, who held a lengthy; tangi in honour of the poor remains. A beautiful chant was composed by i the father in; memory of his unfortunate son— '

The deep springs of fatherly affection now are bubbling over, and the mind Seems quite bewildered, overtaken by the storm. Oh! my child,. I fed thee with the fish which :' line the rocks. ; AJi! do not look upon my bird with seoru! My son, thy name was scarcely .known; Thou wert but a striplings and yet Thy hands have touched another's treasures. Thy sires were great and wise; how then hast thou become Acquainted with the gods of grief and plunder?" The sitting of tho first Supremo Court and the trial of Maketu made a deep impression upon the mind of the natives and brought forcibly home to the ruling powers the vast differences in their ideas of justice and our own. The Maoris at that time were attracted by Europeans and their methods and were endeavouring in some measure to adjust their own ideas to the new conditions. This led to several awkward results and complications. Endeavouring to adopt our customs, according to their own lights, they carried out the sentence of hanging among themselves in several instances after brief trial and with, it is feared, questionable- justice.- . Certain chiefs also endeavoured to rid themselves of their enemies by inculpating them with Europeans in, the hope of bring•ing upon them the white man's death .penalty. ... The imitative qualities! which have, in the end led to Maoris becoming amenable to European laws and customs in the course of a, generation were at, first provocative of many a difficult situation, when the expounders of our laws found themselves at fault and stood in perplexity . before the problems presented to them. Such difficulties early led to the establishment■■' of many courts and to tho appointment of several judges, Sir William Martin retaining the title of Chief Justice, while Mr. Chap man was appointed a judge of the Supreme Court for the Southern settlements of the colony in'the year 1844, ' . " ...