HUKATERE MURDER CASE.

Patea Mail, Volume VIII, Issue 116, 27 September 1895, Page 2

HUKATERE MURDER CASE.

——• ACCUSED FOUND GUILTY OF MANSLAUGHTER

THE VERDICT CONDEMNED RY HIS HONOR. At 9 o’clock his Honor sent for the Jury. In answer to the usual question, the Foreman said, “ I think before long we will come to a verdict; but we wore called too soon.” Thejn y then returned to their room, and after a brief absence again returned into Court. Asked as to whether they had agreed upon their verdict the Foreman replied, “ We have carefully considered the evidence, and have come to the conclusion that Wiri should be left in gaol. ’’ His Honor explained that this was not a verdict, and although Mr E. Bares, again pointed out that they could give their answer as guilty or not guilty to one of the charg s, viz. murder or man' slaughter, or, guilty, or not guilty of either. Their verdict, whatever it was, must be ‘‘guilty” or ‘‘not guilty.” When gumming up His Honor explained fo the jury that if in their opinion Wiri had found his wife committing an act of infidelity, and in the heat of pas* sion bad killed her, their verdict must be manslaughter, but if the wife’s infidelity was not proved it was their duty to return a verdict of “guilty ” to the graver charge.

In answer !o a farther question the Foreman said “We find the prisoner guilty of killing his wife,” and subse-. quently explained tkat the verdict was intended for “manslaughter.” His Honour asked if there bad been a mistake, and whether the jury meant that they believed Farabi had been guilty of adultery. The Foreman replied to the effect that the verdict was “ manslaughter,” and that they did believe that the woman was guilty of the offence wi hj which Wiri had charged her. The customary formula .having been read to the prisoner, informing him that he had been found guilty and asking if ho had anything to say as to why the sentence of the Court should not be passed upon him, ho said “I saw Tutangi and my wife ; I don’t wish to be in long ; that is all.”

In passing sentence, his Honor said, “ So far as I can judge I think the jury have made a grave mistake. They have said, as I think contrary to all the evidence, that you found your wife and Tutangi sleeping together. To mo that, is incredible. That, however, is the verdict of the jury; the responsibility lies with them. If I had been on the jury I could not have agreed to such a verdict upon the evidence. It is to ba assumed that the jury have believed your story and have disbelieved six other people. The sentence of the Court is that you be kept in the Wanganui Gaol for 10 years, with hard labour. Your act, though the jury say it was committed under provocation, was the act of a fiend, and not of a human being.”