MAORILAND CAUSES CELEBRES.

NZ Truth, Issue 71, 27 October 1906, Page 7

MAORILAND CAUSES CELEBRES.

I'ROLOGUEi : • Te Pehi, uncle of . Raupdraha, soon after Hongi's "successes" with his firearms, was anxious to emulate "them. Seems, a vessel, the IJrnnia, m Cook's Straits, Te Pehi approached her with three canoes. The crew of the Urania prepared ta- fight the. savages. Te Pehi rose m his canoe and m pigeon .English endeavored to. show that his Intentions were peaceful and honorable. He gained the dock of the vessel and gave his countrymen the order to retire, which they did. Te Pehi then . .'■•■.'. DEMANDED-" FIRBARJtfS- - When his request was sternly refused, he ■aid he would- go to England and see King Georga> ; The captain oVderid his men to throw the intrusive chief overboard, but Te.-Pehi. "tsVung so tenaciously to two .ring-b.blts; that', ; without violence , which the captain wo ul : d : not usei It was impossible to £.oar the Maori from his hold. When tjJfiel 'struggle was" over Ta Pehi motioned to his followers and they returned to the' 6h6rev- Though the cap-tni.iv.-endeavored; to. -land . ■ the Mabri, ; hfi: watf. .unable- tp ap sp^.apd,-. muchy aga,iast the. skip jjer?s will,^h.e- w.as taken, ;to England., ; w}iere^O; Y ESK 7r M^ r 'hi.3^ cotjn.tryman Hongf, ' expected to see King and get presents, . Which! could 1 'be converted' int<p-i-'inre«ffihS?^^ln' : tlti3 : -' < - :; Ee ' wuV diaap-. pointed/:'^ -■■■'i- > f>^- i;i A- '"iv. : -.-, .•?.•/-■. But -the 1 Maori 'Vdias'Castate'- and ''"cujif niiig:; He -.wormed himself into -the good f, races of the. ;crew, , and became popular on .hoard, .aridi m at least one instance, ■he returned. _, good/ fojr-.i seeming -evil*; ■ At Moß^eyiileib Jtie pjfi^'dd into~; ( t£e^sea and' " : RESCUED THE \ CAPTAIN,. - -. who had fallen, Overboard. \ ' Tjhe ' rescued captain Was not • ungrateful/ and '• when Te Pehi was ill- 'at > Liverpool, called m a medical man -and had every attention bestowed upon. „hita. ; : The,, . physician* Dr. Traill, was ; much struck by the chief's intelligence, and induced the . Government, to make ani allowance for his maintenance m England c and to pay his passfage to New Zealand. But firearms, no, Hongi and his presents- were not forgotten • m •Ebgland. .'•.'. ■/ . ... t Nevertheless, Te Pehi managed to possess himself .of firearms before , reaohing New. and Jed war partiea to the Middle';. Island. In an- expedition in';;^B2?.--met r^ith ai;&ibuflfc vfhichjjhe never forgot. His " r tjticl6, % P^j, ..whilij' engaged with othej- chief^^in efttrapping the Jfgatiib.u, was "' SlaueteredV' and the nepliewj 'who was 'cunning* "enough" ' to avoid- the fatfe of the uncle, retiredv' brooding over schemes of revenge, jin winch', as luck would have it, he, was 1 ' aided by the master ql a British, vessel m 1-880- So maCfc by wa^ of prologue- or. preface. ;■•■ ' ; • :{*■ r. i! * -'■*'" "■■;"■;/;■; In the year lS30 : there was at leastthree yesseis known. . as the Elizabetn. One, "of 36$'; tons, owned by r Camp-bell,-jun., and Co., j and was engaged m whaling ; aaiother, 249 tons, . .-was pWiied by lAmib, Buchanan vand Co M m the English trade J'^and the third; o£ 268 .tons, owned by; J. B. Mpntefipre and. Finis,' engaged m ;wh,aling., There was • also -a echooaer known as the Prince of /Penmark'^/^27 ,tons, engaged m the New ZealSthd trade< .: In the year indicated Kauparaha r STILL. ACHING FOR R*SVENGE, is said to have hired a scoundrel named Stewart, master of .'the -.". Elizabeth; 'of ?'236i'/ tons,' liwhicb.. probably .was the veseel gowned. lby Camp/bell, rttie> r ojw.ner, ;v> of . course, not i being, . ; -even .by imputation), tiny way involved ia : the aequeL The figures* may,^ by typograpbi^eividrrot, have become mixed. The 1 Elizabeth arrived m Sydney -in : July» and m August Stewart sailed for New Zealand with a cargo which, it. was alleged,- he had selected at the instigation of J^auparahar as suitable for a given, purposed The", cargo j. According to the manifest. . of. the day, was-r--•"four cases and IS muskets; two kegs of flints and bullets; two"' bales of slops; two kegs of gunpowder; one bundle of hardware ; .five baskets of" tobafico, ahd other stores." The , Elizabeth carried eight guns, ..two swivels and an ; ample supply oi small arms', which makes , us think. ■..■■■ . ■-:. •; --.- ■•;••<•■••■■. • ♦■: .•■;• * ' »■-• , .•■' Alleged that the main / object" :of : tHe expedition was murder. -.Rauparaiiia, savage at the ;killing of his uncle,' Te Pehi,' and finding it difficult to pounce upon his-, intended; victims, : stipiflated? '; that Stewart shpuld, . .m sepret,? convey,- , an armed band and' assist them ■ ' -■ ,'V IN THEIR MTJRDER6US 'bEStGNSi Alleged alao that Stewart's. viiUtny' reI paired little^ solicitation" from" Raup&fahk. •^•Barkis was willin'." i. , '■'■.':V;.'.;;^-*--'-:'r:-"»- ; -vv--:y-« ''■??'.''./:■' Arrived at Pig«pn Bay i^ Bank's: J?eniricula, Raupar^ha. remained in' the hold of the vessel, with his men, and sent Stewart on shore to begrrile the ..head chief. Maranui. Anticipating danger, and knowing that the Elizabeth had been at Kapiti, -Maranui inquired of ..theseV were; there^ any . Maoris . . oa._ .board. Stewiart gave him assurance that there were none, a lie of course. -At lajst, 'by a' promise of firearms, ; Stewart .J induced Maranui, his wife, his .daughter, 12 years, old,. and a. tew chiefs- to come .aboard. "'■ In the cabin Maranui was suddenly seized, with the active ass^a.tanqe -■„ of Stewart, " the Jtaate, and the " crew. Most of the vlsi/tors, with others who had arrived on board, "" -f .". .:• • ■ WBBifi ; : SALGDHTKRED. Maranui, his wife and daughter-, were reserved for the time being. The chief was iroa&d and so brutally bound -that mortification set m. '...".-•■ n. A^^ ght , Rau P ara ba and h^ men left the slnp Maranui's vOl a ?re. unprepared for^resistancfi, was surprised, its inhabitants slaughtered without remorse/W iwirtT g \ bUrnt - Jt '^as'said that. Stewart and hia men assisted at the massacre The white ruffian, Stewart SST-SJS? l^'* 0 <W on board the. Elisabeth the remains of his victim gble cannibal orgies. Hxtm an flesh was In baskets and w M cooked m the ship's galley with Captain Stewart's perJte- '* .• ' • Maranut knew what had been done, and JL Tv,J ?, any + I! aln ' t0 Mmself - ™««SS ■■■child from the torture which he well ■new would soon come. At a sign froni Mm, the wife, whose hands were free STRANGED HER WILLING ' DAUGHTER to save her from a worse fate. For this Maranui was terribly . tortured m Stew art* presence, but he did not give hi* tormentors tho satisfaction of showimj any sign of pain. Tho unfortunate wif« survived to suffer all that savage hate ould inflict upon her at Kapiti. Three .jf Maranui's brothers were amongst tbn slaughtered. . . * • » At KapiH when the 'Elizabeth arrived there was Mr. J/B. Monteflo're, of o' Con nell-street, Sydney, a merchant, and own-j er of one of the Elizabeths. Expecting that the white people would be slaughtered m revenge for Stewart's brutality. Mr. Montefiore was obliged ito take ref t)tfe on the Elizabeth m order to return m her to Sydney. Maramli was on board, Stewart retaining him v a hostage until the charter porty was finally arranged. Montefiore said that 'when the promised flax, some tons! was not paid by RaupariUja r Stewart a&ir tha foUjgv<>fc-

THE KING AGAINST STEWART. Governor Darling's Rule. *. ■ ' "['] V r (BY^'MARK MEDDLE.") =

Ills conduct, but would not take Maranui to Sydney, as Montefiore wished him<

Mr. Montefiore, m his evidence m Sydney said, "Maramii slept m the next cabin to me for several nights. He was . resigned to his fate ; he knew he would .be killed. He was as fine a man as I ever" saw 'in my life. The state of his leps arose from the irons the captain put i ,on him. I spoke tp; the captain, saying, l" as a British subject; I could not suffer ■ him to be ironed. I had the irons struck offc but atill he was confined on ■board.'-' Stewart gave up Maranui into the hands of his enemies. ■ Monte&ore , went on shore and saw the whole process of his intended sacrifice, but did \ ,not see him killed. He knew he had .been killed during the night, and the r widow of the great chief who had been killed (Te Pehi) had ' • , ' HIS ENTRAILS AS A NECKLACE I about her neck, and his heart was cut i into pieces to be sent to different tribes),'; • allies of Raupara-ha's. . . I , . * . .-.* V ■■ :•* . . . } ... .' With ihis Iflax.'-'aiitf Montefiore' and -'an^ "other passenger, Stewart arrived m Sydney m January, 1831. Mr. . Gordon Browne brought the facts under the--no- ■, tice . of- Q.qvcsrnor 'ftaloh .parking,.. $1 New South Wales! who liad a 'sort df r'giuar- • diapship over New Zealand.'.' Darling took prompt action ; be lost not ; a moment m giving arders that the captain should be 'proceeded against; The depoL sitions and particulars were forwarded to •the Crown Solicitor, Mr. Henry M6ore, ;who,. was also acting as ■, Attorney- . General on the day they were received, ■(February 7. But Mr.- Moore entertained doubts that there were sufficient grounds for putting Stewart and his crew on trial. Darling, however, overruled the Crown Solicitor v and ordered Mm to proceed, considering it a case m which fhe CHARACTER OF THE NATION was implicated, and that every possible exertion should tre made to ■ bring the guilty parties to justice. ,* # • _ Stewart 'was detained on £2000 .bail, but all the witnesses were got out of the way, and it was hoped that Darling would be compelled to release • Stewart from his. bond.. ;. • , / ■ .\ ''-* ■."■*'- r * .' . ; ■.* •■■:,: ••■;;■ On Saturday, May 31, r lB3l, the/eminent barrister. Dr. Wardell, who, m, September, i 834, was murdered by touahrangers; on, his estate: at .Petersham, 'ap-, peared with Mr. w; 0. Weritworthj before Chief Justice Forbes, to. ask; '.tTh^i' the Actlng-Attomey-General intended to commence proceedings against Steward On this occasion Wentworth was the spokesman,^ and m forcible, language he pointed out. -that Mr., Moore had fixed" that particular date for pnoceeding with the case, announced that he would be prtgared tp; go on with the .trial on Monday; Diit on Monday, when ■ MR. JUSTICE JOHN STEPHEN took- his seat \oh the bench, and a jury of seven paid military officers had been sworn, Mr. Moore was fstill This time Dr. Wardell was • the spokesman for Stewart, and he complained of the great hardship of keeping the case hanging over from ; day to day to the great inconvenience. and_.probable.-ruih of Stewart. Ohq. day, said the. Doctor, Mr., Moore had tho ■ charge as; one of murder, and the next as one of misdemeanor, and tho next again as one of murder. Stewart might, just as> .well have been; m gaol as under 'his £2000 bond. He could not . stir > ■ out •\ . of- . ■ ..- the town of Sydney* Tho charge; against Stewart was vague ; and unsatisfactory, and, .. m the opinion of the, learned doctor/ seemed to puzzle the .Crown lawyers. Doctor "Wardell also complained that the, newspapers of the day had, not scrupled to apply the MOST OPPROBRIOUS EPITHETS TO CAPTAIN STEWART. '"'Even, the Government newspaper published by authority abused Captain Stewart, who was as innocent as the babe unborn.'? The upshot of the pro-! ceedings was that the case was adjourned A sine die. •'' ■"'■' •■' ' * "■••'• Darling kept Stewart m suspense as long' as .he could, and m a communication to the Secretary of State,, announced ■ his intention, as i some • check upon the lawlessness of the whites m New aealand, to send an officer there as Itesidentj v Captain Sturt being the officer who was selected by the Governor for the office. Darling thought that Sturt' s appointment would keep the New. Zealandera In ■ good - humor, mit as Darling had just heard of his own recall, ;he did not make the appointment. . : ■ - •■» ■";"* ' . .-■'• ■. •*.' '•"" •. : ■•••■ ■ It would seem that the Crown la»w officers were exceedingly remiss m allowing the witnesses to leave the colony. The Imperial Statute, constituting the Supreme Court of. the colony gave., ex.-. presa s ,power to deal with such .offences as that' 6f Stewart jv ..His trial was/to take place m May."' The "Sydney Cxazette" spoke of the case as peculiar, inasmuch as it involved the question of the liability of British subjects for offences committed against .the t natives of New Zealand. The ' ''Australian," .a: newspa 1 -. per founded by Dr. Wardell and W. C. TVentworth, and edited by the former,, could not ."divine the justice of denouncing Stewart aJ3 amenable. to laws,, which however strict and necessary under certain circumstances* were not applicable to ■-•■'• .:-.•■■ : .- ■•■•■; . " . SAVAGE BROILS, " and unintentional acts of homicide to • which he must have been an unwilling party, and over which he could, not possibly exercise thes^slightest control."- • ...... ....... #. ■ . # . „..-... Rusden, in' ajludingl to this aspect; .61 ' the charge, says : — "No criminal; was ever without a criminal apologist, and the Governor was almost .alone m seeking to' -wipe off the foul blot with , .which^ S.tew'a'ri's'*iramunity tould. liot but stain the : Eng-liah name." ' . " .' • ♦ '■ ♦ "■'.' '■ , ; . • When the case- Hex r -v,- Stewart was called on May 21, the Crown was riot ready to proceed upon the original information, but intended to proceed upon another for misdemeanor .on. May 23. Dr. Wardell applied for the discharge of the accused ; the Court refused. On the 23rd, Dr. Moore announced .that he had abandoned the charge .of misdemeanor, and intended to proceed upon the information' already filed of "murder," as soon -as the witnessses should be forthcoming. ■'"'.' * * # Dr. Wardell protested against the hardship of . , HOLDING STEWART TO BAIL m the sum of £2000 for an indefinite period, and again strove to have the recognisances discharged.. The Court again refused, allowing the matter to be brought forward for re-cousideratiou. •■ * ♦ Accordingly, a rule was granted for hearing Dr. Warden's application. The law officers did not satisfy the Court that tho crimjual ought to be detained, and on June 20, 1831, he was discharged on hig own bail m £1000, to appear when called upon. ♦ * * Attempts were made to exculpate Stew* art by charging Rauparaha with ' having deceived him. Tn 1880, under the titlo of "ficenps from the Life of John M-ar-nxon," a low-bred pakeha Maori, wibo was lAuie In the. »N«Bth IsUuid, m 1.830 pfav<» j,>is.. ,v«rßiMtt^o#. Sj;earurt'«.co£du';t. But

the maii! facts are drawn from authentic sources. JOHN MA.RMON WAS A CONVICTED ; THIEF m Sydney before he went to MaorUand. He and some others like him bred mi»chief and stopped atjo atrocity. » *|~" * As to Montefiore'g evidence. He said. "On my arrival m Sydney I related the ' circumstances, and they tried the cap-; tain. , Governor Darling wrote to Lord Goderich that it was Mr. Gordon Browne •who. . first brought the matter .under notice. Moreover, the captain was never tried. The many conflicting and erroneous statements as to the persecution of Stewart made it necessary for Mr. Rusden to trace the facts catefully. He had a record made by an officer of the Supreme Court. Montefiore maintained that Stewart did not receive payment for his bargain. It is absolutely true, however, that m the ." Australasian"- newspaper of January 14, 1831, is recorded the arrival at Sydney of the' 'Elizabeth with HO tons of flax, with Stewart as master and Montefiore as passenger. It is probable that Maranui was held as security only until the flax was produced. •.* • * The whole of the facts were gone into before a Committee of the House, of Ooni- : mons m 1836. As to Stewart's fate, Montefiore told the Committee that he understood, that Stewart met his death 1 by being washed off his ship rounding Cape Horn. Dr. Thomson records as the result of personal inquiry that he dropped dead, reeking of rum, off Cape Horn, and was pitched overboard by his own / crew with little ceremony and no regret.