OPENING of the SUPREME COURT.

New Zealand Herald and Auckland Gazette, Volume I, Issue 56, 2 March 1842, Page 3

OPENING of the SUPREME COURT.

' y, February 28, 1842. The ?si; House was crowded at an early to witness the opening pro of the Supreme ilanri. There wei w b o could aot-; gst whom we noticed ves—male and female. admirably adapted for the accomudge, atleuien of Officers :, but also • i an opportur oceedings,

The Bar General, ; .<o The Odurt was opened with the usucstrar, Thomas OuJ went through iris duties in a manner which el -u and the entire proceo were orderly dignified. A Jury having be,en empanelled, the , our time and space will not permit us to length in our present"number. His Honor dwelt especially on the circumstance, tha-. small community, there is an absence of those ciatters which engage attention in se and that, consequently, the general of conversation related to events occurring within the district. Thus, there was a pra difficulty, for, the minds of jurors might be warped or prejudiced with regard to ming '"red them, however, in the most or reports- to p were about to be tried before God and iheir country. CHARGE OF MURDER. John Hopwood, labourer, was indicted for having, on tha twenty-second of August, in the year of onr Lord one thou* sand eight hundred and forty-one, feionicusJy and with malice aforethonght, indicted with a stick, a mortal bruise on the person of one Norah Handley, against the peace of our Lady the Quees, her crown and dignity. The Attorney Gsnsp.al appeared for the proseetitioa j Mr. Ji ' -wood for the defence. 1 he prisoner, on being arraigned, pleaded " Not Guilty," The Attorney General said, a*s this was the first case in the Supreme Court of New Zealand, it might be necessary, d of the jury and the public, rulewh en prornui;.- *rd to the conduct of Coi> orth in the Rules ai t>l the Court, The tbirt rule was as foil " Upon every $ intifr', or his coubs?.;- i shall briefly state the facts * h *ns to prove, thereon, and shall ied to call and witnesses. .Like ndant, or his it), if he mean to call any witnesses, state briefly the facts which he means to prove, without comment theretnd examine his witnesses, evidence is Closed, it shall be competent to the plaintiff or his counsel, to observe generally upon id after him, in lit sfendant or his counsel. The Judges. <idence to the Jury. The like rui« oliowedinc cases,"

aey-General continued:—ln tee with this rale it would be his duty to reply, w idence had been brought before the Court. i prisoner at the bar was of the grayest Lttorriey-General) should, tftei carefully follow the rule of C« If to a brief relation of the facts. Noi Handley, is the wife of a convict now at Norfolk Island, The ; at the time of this unfortunate occ her t and bed, «•;:. d. He desired her ' She did so, but, n j.-m, and ran into the water. The prisoner ?• ired hi tiie woman ;>• then struck her . stick or wood, until she was in a state of partial iniousg to this, the mother, on recovering her senses, discovered that the child was dfcid. 'there was a bruise on the left side, of its head, and blood on the iace. The prisoner washed away the blood, and directed the woman to say that the child had been killed accidentally. It luenily found that the head of the child was very much fra shewing that great violence must have been used. These were the let - which should call witnesses to prove, 1 reserving to himself the right of offe< ments, when the evidence was close " : might td require, Margaret Handley, the mother of the child, was then called, She deposed that she was ,'. person bow at Norfolk Island, but had b* aner as his wile. Mi, Brew i said, he believed he was in order, in now interrupting the examination upon a point of law. He said it was an established principle, that a woman could not be called upon to give evidence for or against her husband ; and he submitted that, as the women was living with the prisoner as his wile, - question for the decision of the Court, whether her testimony could be now re In " Archbold's Criminal Law," there was a note of a case which bore upon this point. His Honor said, he mast not only have clear evidence that the woman was living with the prisoner as his wife," at the time of ths traasacti,;n now under investigate have adduced to him clear authority, with regard to the case adverted to by the Learned Counsel. The examination of the witness was thet; p r o: She proved the facts stated by the Attorney-G • opening address. After she carte to her senses, the child was dead, the desired her to say that it had bean killed in a drunken spree. On Cross examination by Mr. Brewer, the witness said, the blows were aimed at her, and, that the a very small By the Judge.—She could give w» idea of tije size of the stick, as she never saw it. The Judge.—Then, as you now t.wear you never saw the ■>w came you to say it was <x very small one 1 Wifness.—i never said it was Email, "if I did it take. Mr. David George Smale proved that .the priso: the woman Handley came to Auckland from Sydnej engagement to CapiainSrr.ak first they pas: man and wife, but it was known they were net married about six weeks before the death of the child. ArclaJb, —Police Officer, proved the finding of the body, on receiving ; from the last witness. , Gammie.— Re-examined by the Attorney-General, deposed that he had made a post mortem examination, and found -ken in many pieces.- The blow must have- ■ blunt instrument riolence o.stj causeinsi This closed the caao for the prosecution; Mr s 1 -i. ■ - », Mr, George M'Hwaiu, the principal Gaoler' rson deposed that the prisoner had been in h for six months, duriaj* whkU time he had couducied hrasell ia a bet manne

;'h on er. laid down the law of she case •' ; .' . noe. t returned a verdict of " Man. b was deferred, a>- ; - • ". b of having iroperty of Donald and a .: ' prisoner pleaded G v Attorney-Genera! opened the case, and callt . 3edtKatheisasettlerat Cofomandel, and re> a night of the I2th Dee* ' sar the the 1 3th I heard a boa? approaching the beach, nearm i which was M'Leod and a party of three e to my house and a man guard hey enquired if the"s were any strangers about ? I old ihem there were noi ; they went into the hon e, and M'Leod ordered the inmates into a corner of the house j they were armed. Mrs. Walsh asked if they were going to ie part? said not a hair of her head or the d be injured. M'Leod then threatened William bins ; I went forward and inverted hey .did not intend to ler; M'Leod then went into my store, accempaO'Donnell, and took what they pleased o«t of the store. O'Donneii Was very active in the affair ; they took various articles of trade, my property, to nount of between £BO and £IOO. then asked witness whether he thought the prisoner at the bar was present on the night ol the robber) id he thought prisoner was one of the party, but he appeared much thinnef then. This closed the case for the prosecution. In att»wer to a question frcsn the Chief Jastice said lit knew nothing at a!! about the affair. William Walsh examined.—l am a settler at Coromandel M'Leod and a party coming to the house be« longing to Donald Walsh and me ; the party were ell srmed. It was iiight when the party ease, and I do not rf. the prisonei'. There being no other whrJess against the prisoner, the Chief Justice said it was useless to proceed, and the Jury re* erdict of Not Guilty, Charles Williams was charged with stealing a number of i, the property of John Harrington. The f k Guilty." Join* Harrington was then called and said—l am a sawyer, and in December las*. I was living ai Mr, Hiiyerd's .. the day in , to Auckland to inform M? George of Mr, .ieath. On my return, I hat my place had been robbed, and 1 nd waistcoat. I can swear to she waistcoat, but cannot to the shirt. About after the thit -t, I found the waistcoat and shirt on the prisoner. In reply to a question from the Judge, the prisoner said he had never seen any thing like the shirts in Auckland. The were taken out of prisoner's house, and be knew the waistcoat ':.. . bis* rra deposed, that the things produced weie given gton. Pe?> sold a ciiings to Mr, Harrington last winter, and believed, ;'i3> t t aistcoat now ■ er on the S cembet .soner as one of the boats Prisoner got «p ia the nigh', and took a handkerchief, beness. The «t t Jet, and long oppo* be would pay himself. The Attorney Gi sed Jury. The prisoner in defence said, he bought the shirts or- . Air. TheJurv returned a verdict of "Guilty,"—Sentence The Court then adjourned to ten o'clock to morrow morning. TUESDAY, MARCH 1, 1842. murderer, Maketu, having been ass for this-day, ; and Natives were seen flecking towards the Court house, and sach was the interest excited that, long before His Honor *ook his seat, it was crowded to and with some difficulty'our reporter obtained access of people assembled) to his seat. QCEEN, V, MAXETtT. r rose and said, previous to* the indictment being rtad, be had an objection to raise as he was retained for the it to be his duty to ra objection to the prisoner being tried, as h?. (the prisoner) was not aware of the British laws—or of the nature of the ;>een committing. replied by saying that, Mr. Brewer's objection could not hold good, as, from the moment the read, every person on these Islands was amenable to the law of England ; but should Mr. B i, three-fourths of the people of E were ignorant of the law. His Houor said thai, certainly he considered the prisoner was amenable. Mr. G. Clark was the met, and read the indictment! :; Native langus b asked the prisonei led guilty or To this the pri liity." ... .Uoaoraddr at some length, po p-oseeding of the trial, which was interpreted to Him by Mr. Clark. Mr = G. Clark, sen., was then sworn to assist in the told him that ■ ieceive sny assistance which v reader. The Attc-i addressed the at some length, showing that the prisocer had admi' the perpetration of the crime, on various occasions. Johnß • —He was a . ' Island,he went the mnd the nous o, and shes, one grown up person and two children; they were quite burnt. I then went to Koroad repcrted the case to the chief I went ;.o the - ! iud again ihe next morning and si ■"? of a roan lying dead, 1 did not identify the bod covered with a blanket and sore* canvass, and the head was cut from, the bs ,iid to between the nose an lip—the body appeared as if I ep—the w had no questions to ask this Mr. Clarke evidence of the witness,

Tho-. I ■ December isst $ he wee saw four der saw the bodj rom the ear on the 24th;, and ■ as the murderer of sd him rf be was ■ people 1 H< asked hira several tiroes i;« .-.t last he acknevieriged he had munif previous to burniag the house, thai before he killed Mrs. Rol Elobeftonj little boy ranl ertook him, threw him down a steep rock. The prisoner at when the deed was done there were plenf island, but denied it afterwards; he sa . on had sworn at d that he had willing to die for it. Mr. Brewer then rose and examb' tot understand every thing thai language. V it have sa: I prisoner if he did cootess. I arrest oner. The Attorney General then n sure that the statement he had made wa ; ~ what .J 1 Ke replied he was sure was correct. » amined by Mr, Jones, a .ju a?k ths prisoner any questions in English l I did not s v it wis of qo use understand. Mr. Clarke, junr. iliya read prisoner. Tchu, (commonly called Charley Penny),was and J-irewer wis; isked was a jun., ask; i he was a Chinstian ? Ha replied, not, I whether he • ■ ■ ■ . there was a God. and if he spoke falsely ho w nisheci, : . iet • m < - ■ The Aliorney-General.—Tohu, sri I am. Attorney-General.-—Where do you live you racoiitct the house of Mrs. Robs do; it was on a Satuiday. I sswjkj day j I saw Makatu on the Friday, I sa island but Makatu, and asked him whether he wouic his canoe towed behind ours; but he, . Would not, as it was blowing hard, evaral nee, but he would uot answei By Mr. Montefiore (a juror),— !ne Europeans on the island beside prisoner*? Win only saw Mrs. Robe-ton, two children, ai fcatohu, aa aged chief, was then examined and live near Boberton's Island; I remera i Mrs. Roberton being buvot prisoner on the Mo Prisons umbrella, and a bag of rice, I Bull been killed. with prison-: • Mr, Brevver examinr . -. i.l E Hoa, a chief.'was t'l. ct ararika, 1 remember the how i burnt; I was on Roberto u .is nt; I saw four native, prisoner; I saw p I saw him I knew thai Tommy. Bu'i was dea said nothing to me about the murder; he had pan ■ with him j I knew then the piop Roberton; I ha sfn before at the island at'Mrs. Roberton'; place ; I au« quite positive I saw them at Roberton's place. Cross-examined by Mr; Brewer- ' things 1 The prisoner had a watch, a shirt, ind an umb him put tliem in a '- from the.burnt house Witness—wiiea I said I saw ptisoner on ths Saturday I meajjt I di to him. John La Cour was then called, and depo medical msn, and had a postmortem examinatio of Bull; there was a cut about the size of this axe (producing an axe about six iuches in de cut which would have caused instant (ieath; tl was m the position of a person ; bent, and the eyes closed. Mr. Clark, jun., then lead to prhoset the evidence of Mr. La Cour.

John Whet slands; I hi present at the inquest held on Bull, I was employed ■ was said by the prisoner on that occ; >wn in writing (the Auorney-Geueral then handed nt referred to, and asked wa? that bis Witness said it was). The Registrar then read prisoners confession;'wbi er, n.ude at the inquest. Mr. Brewer cross-examined witness-rl w »s not pre. the whole of she inqnest; I told prisoner »0t compelled to speak without he liked, Mr. Brewer said he objects. ~ as he thbughfit to be the duty of the Coroner ■ i cautioned the prisoner: if he (the Coroner) did not kpj law, he ought to have known it. The Attorney-General said, J proved there was no caution given, he objection, but he (Mr. Brewer) had failed to prove that. Mr. Spicer was then recalled, and a*kec on the Jury 1 He said he was, and rocoliected the c cautioning the prisoner as to the effqfct of his conl Brewer rose and said, he objected to the ■equence ol might have said li f.he would < w cases to show that Mr. SpicerV ible. The Attorney-General then r as to his objection, and as Mr* Bsew Attorney-General rose and Jury at some length. This closed ths case for the Crowe. Mr. Brewe a"d madt ici.gthy speei having summed up trie e a tew minutes deliber; Semeac:;, a? in the p