THE TRIAL OF TE WHITI.

New Zealand Mail, Issue 762, 8 October 1886, Page 11

THE TRIAL OF TE WHITI.

The novelty as well as the importance of the trial of Te Whiti, “ the Maori prophet,” for instigating a number of Maoris to riotous behavior, attracted a large number of spectators to the Supreme Court on Wednesday. Additional interest, too, was lent to the proceedings by the fact that, amongst the Natives accused of forcible entry and malicious injury to property, was Titokowaru, a Maori warrior whose name was but too well-known on the West Coast of this island daring the Maori disturbances. In tbe gallery above, at the end of the chamber, were a large number of Maoris, men and women, who took a manifest interest in the proceedings, and, leaning over the railing, presented an infinite variety of Maori physiognomy. Shortly after ten o’clock, his Honor the Chief Justice took his seat, and Te Whiti was called. Three times his name was called before he presented himself ; but presently he walked in from a sideroom and was ushered into the dock. .Te Whiti is slightly above the medium height, well built, and an extremely good looking man. His face, which is not tattoed, is browner than usual in a Maori. His features are clearly defined, with an intelligent expression, his eyes large and clear,, and his forehead, although not high or bold, is broad and capacious. His, hafr and beard, now in a state of transition from black to gray, were neatly combed. He took up his position in the dock and appeared to direct his attention entirely to his Honor. In marked contrast to Te Whiti was Titokowaru, who was next called, and took- his place beside Te Whiti. Titokowaru has neither the ferocious appearance of a warrior nor the intelligent expression which is so marked on Te Whiti’s countenance. He is a contemptible looking, one-eyed little ruffian, as fur as appearances go. His face is small, and his features irregular, and deeply lined—forehead low and narrow, eye (he ha3* but one) sunken, and his nose spread, like that of a prize fighter, well over his face. He was followed by Ngahina, a portly gentleman with whiskers of a Dundreary cut ; Kahu, a fat good-natured looking man, and Te Kuku, RaDgihaeta, Ake Ake, Te Haka, Karupo ngaiti, and Te Iki. Mr John White, of Auckland, was sworn in as interpreter. Mr W. L. Rees wished to make, a statement before the indictment was read, in regard to his position. He had been retained to act in the case, and came down to Wellington for the purpose ; but on his arrival, Te Whiti, who acted for himself and the others, maintained a desire to leave the matter entirely in the hands of the governing powers. His Honor said the governing powers had nothing to do with the matter. Mr Rees said he was not maintaining that it was correct, but simply stating the belief of Te Whiti. He had seen Te Whiti on several occasions, and had not been able to obtain any definite instructions to appear in the matter. He made this statement te relieve himself of any Imputation of contempt of Court, and to make clear to the Maoris outside, who expected him to appear, his position. His Honor : Very well, Mr Rees. Mr Rees then withdrew.

Tbe accused were then charged :—Titokowaru and the others, with having on the 18th July last forcibly entered and done malicious injury to the property of Andrew Hastie, section 48, Block 7, Waimate survey district, and Te Whiti with having instigated them to riotous behaviour.

Te Whiti, in answer to tbe usual question as to how he would plead, said (through the interpeter) : Is it evil that I should have attempted to take this ground or to put my hand on it ? Is it evil that I should stretch out my hand for this land ?

His Honor : Tell him for me that that question is not now before me for investigation. Tell him that he is charged with a criminal act of instigating forcible entry and riot, and ask him to say whether he pleads Guilty or Not Guilty. Te Wbiti : I thought you were asking me why I went on this land. His Honor : Say to him—You are now about to be trie l for a criminal act—you aud others —of forcibly entering on to the land at Hawera with a number of others in Buch a manner as to cause fear to others, and doing it in a riotous manner. Say also, from me, that our law is, that even if a person has a right to go on the land he must not do so with a number of people, because that causes fear, and tends to make a breach of the peace. Te Whiti : I am the owner of this piece of and, and there were many came there and forcibly drove me off it. His Honor : He means Europeans, I suppose ? Tell him the indictment is that he has been guilty of a criminal act. He has now to say whether he is guilty or not. If he does not say one or the other, a plea of Not Guilty will be recorded, and the trial will proceed. Te Whiti ; I do not deny the charge, but I wish to explain the reason why. His Honor : Say that if he pleads guilty, which is a matter entirely within his own discretion, after his plea has been recorded he will have an opportunity of saying what he has to say. If he pleads not guilty, the trial will proceed. If he says nothing the trial will proceed. Te Whiti : I plead guilty. Tbe other prisoners were then asked to plead. They all pleaded guilty. In answer to the question whether he had anything to say why sentence should not be passed upon him, Te Whiti, suddenly becoming animated, and shaking off the rather listless air with which he had been regarding the proceedings, said : I do not p’ead anything, your Honor, why sentence should not be passed upon me, but I wish to state why 1 went on to the land..

There was a pause for a moment or two after this, and then Te Wbiti tapping himself on tbe breast, looked at the interpreter and said “Korero ” “Aye” responded Mr White.

His Honor : If be desires to say anything to the Court I am ready to hear him. This opportunity is offered to him no tv for the purpose of giving reasons why the sentence of the Court should either not be passed at all, or why it should be* less, or any reasons in mitigation of the sentence. Say that I have no desire to check him in anything he wishes to *yTe Whiti : I am the original owner of the land. You, the white-faced people, came in a crowd or army and turned me off the land. When I rose again (meaning when I got sufficient courage to re enter) my hand was put forth to take the land again. We who are here, and others, were expelled from, the land by the Europeans. We were turned off, not peaceably, but by the guns and weapons. When I rose (meaning, said the interpreter, after, he was beaten), the wounds from the blows I received were still great. But when I rose I still put out my hand to take the land. I was then tried by law, but those who turned me off the land were not tried. That is all I have to say to your Honor—not many words. Having concluded his statement Te Whiti folded his arms and leaned against tbe side of the dock in an uninterested manner. The same question was put to the other witnesses, with the result that the following answers were given :—Titokowaru : I am the workman of my lord, Te Wbiti. I went with my lord (meaning “he induced me to go.”) Ngahina : Te Whiti has stated all I have to say. Kahu : Te Whiti has stated all that I would say. He is our lord, and ordered us to go. Rangihaeata : Te Whiti induced us to go on to the land—our 'and. That is all I have got to say. Te Haka : I have nothing to say. My chief or lord has said all I have to say. Ake Ake : My ord has said all I have to say. Karupongaiti : Te Whiti has said all I- have to say. Te Kuku I have nothing to say. Te Whiti has said it all. Te Iki All that I would wish to say Te Whiti has said. He requested us to go there. He did not do so in ignorance—he knew what he sent us for. I, being his child, went as he told me. The land was ours. In answer to His Honor Mr Bell said he would enter a nolle prosequi in connection with the charge of malicious injury to property.

His Honor then retired from the Bench for about half an hour. On resuming his seat he addressed the prisoner Te Whiti as follows :—You have pleaded guilty to the offence of being an accessory before the fact, to the offence of forcible entry committed by the other defendants. I feel a great difficnlty in allotting what may seem a proper sentence for the offence to which- you have pleaded guilty. I am quite sure that if you consider the matter, as I have no doubt you have often considered it, it must occur to you that suoh acts as these are but little short of levying war against the Crown, and certainly it mmt occur to you that such acts are most certain to meet with resistance from the European settlers, that it would be impossible for you or for any other person to say how soon great bloodshed might ensue- On this particular occasion, from the good temper shown both by the Natives and the white people, there was, fortunately, but little disturbance. I have nothing to do with the supposed grievance you may have as against the man ; all I have to'do is to take into account the facts upon which this prosecution has been based. I am at liberty, however, to take into consideration the fact that you have pleaded guilty to the charge made against you ; and I entertain a hope that this is an indication that there will be no other acts of a similar kind instigated by you. I propose, therefore, only to pass what must be considered as a very lenient sentence. I feel bound at the same time to say that if another charge at any other time'was made of similar acts, the Court which had to investigate and adjudicate upon the matter would no doubt pass a very much more severe sentence. The sentence of the Court upon the to which you have pleaded guilty is that you be kept iu the public prison at Wellington for three calendar months at the Terrace Gaol, and to pay a fine of £IOO. Addressing Titokowaru and the other prisoners, his Honor said : I do not propose to make any further observations to you. The same as I have said to Te Whiti I say to you,, except as to the punishment. You have pleaded guilty not only to the offence of forcible entry, but also to that of riotous behavior. I have considered it proper to make a difference in the sentence passed upon Te Whiti and that I propose to pass upon the others. The sentence of the Court is that you be kept in the public prison at Wellington for one calendar month, and to pay a fine of £2O each on each of the counts to which you have pleaded guilty.

The other Drisoners were then informed that each of them had been sentenced to- one calendar month’s imprisonment and a fine of £2O on each coant.

Te Iki, when the sentence was announced, expressed a wish to make an observation. Te Whiti made a statement which- was not interpreted, but the purport of which appeared to be that the accused had not carried weapons of any kind, bat the Europeans came against them with weapons.

His Honor intimated that he wished the sentences to run concurrently, and he intended that the total fine in each case should be only £2O.

This concluded the proceedings as far as the Court was concerned. The prisoners had all throagh been respectful and decorous in their behavior. As the decisions of the Court was made known to them they looked at Te Whiti as if waiting for him to take the next step. Te Whiti looked at the gaol warders, and apparently indicated with his hand that he thought he was to go somewhere outside the Court. The warder pointed to the regions below. Te Whiti, apparently rather against his will, led the way down the steps. The others followed him, and the proceedings, as far as the Court was concerned, were over..