TRIAL OF TE WHITI AND

Taranaki Herald, Volume XXXV, Issue 7192, 9 October 1886, Page 2

TRIAL OF TE WHITI AND

OTHER NATIVES.

The origin of the fire iR unknown. Mr. Campbell was very caroful to sre the fire extinguished before retiring to bed, and cannot account in any way for the casualty.

REPORT OF PROCEEDINGS IN COURT.

Shortly after ten o'clock on Wednesday, October 6th, His Honor the Chief Justice took his seat in the Supreme Court, Wellington, when TeWhiti was c*lled. Tbroe times hia name was called before he prneented himself ; but presently he walked in from a eideroom and was ushered into the dock. Te Wkiti is slightly above the medium height, well built, and an extremely good looking muu. His fac«, which is not tatooed, is browner than usual in a Mnori His features *ro clearly defined, with an intelligent expression, hi« eyes large and clear, and his forehead, although not high or bold, is broad and capacious. His hair and beard, now in a state of transition from black to gray, wore neatly combed. Ho took up his position in the' dock and appeared to direct his attention entirely to His Honor. Ia marked contrast to T« Whiti was Titokowaru, who was next called, and took his place beside To Whiti. Titokowaru has neither the forocione appearance of_ a warrior nor the intelligent expreision which is so marked on Te Whiti't countenance. His face ia small, and his features irregular and deeply lined — forehead low and narrow, eye (h« has but one) sunken, and his nose Bpread, like that of "a prize fighter, well over his face. He was followed by Ngabina, a portly gentleman, with whiakers of a Dundreary cut ; Kahu, a fat goodnatured looking man, and Te Kuku, Rangihaata, Akeake, Te Haka, Karnpongaiti, and Te. Iki. Mr. John White, of Auckland, was Bworn in as interpreter. Mr. H. D. Bell appeared to prosecute on behalf of the Crown. Mr. W. L. Rees said he would like, before the indictment was read, to make a personal explanation of his position in this case. Ue had been retained by, and had been acting for, the accused, and had come to Wellington on purpose to conduct the defence; but since his arrival Te Whiti, who vraß acting for himself and the other prisoners, had maintained a desire to leave the matter in the hands of the governing powers. He (Mr. Rees) hal seen To Whiti on several occasions, but could now obtain no definite instructions or nny authority to appear for the accused. He made this explanation to relieve himself of responsibility, and at the same time not to appear guilty of any breach of the procedure of tbo Court. The indictment charging Te Whiti and the other prisoners with riot and forciblo entry was then read out and translated ' into Maori; and Te Whiti was firat asked to plead. i Te Whiti said in reply — Is it evil that I should have attempted to take this land or put my hand on it? Is it evil that I should stretch out my hand to this land ? His Honor (through the interpreter) — That question is not now for investigation. I You are criminally charged with forcible ' entry and riot, and you are called upon to , say whether you are guilty or not guilty. ; Te Whiti — i thought you wer» nsking { me why I wanted to go on the land. His Honor — You are now about to be tried for the criminal act of entering by ! force into certain land at Mokaka, with a 1 number of people and in such a manner as i to cause fear to others; also with doing so i ;in a riotous manner. Our law is that even , if a person has a right to go into land, he must not do so with a number of people in a manner to cause fear and tend to create a breach of the peace. i Te Whiti — 1 am the owner of that piece of land — or was — and there were many , who came there and forcibly drove mo [ from it. His Honor (to interpreter) — Tell him from me that the indictment has been read. It states that a criminal act hat) been committed by him and he is now to say ; whether he is guilty or not. If he does ( not say one thing or the other the plea of not guilty will be recorded and the trial 1 will proceed. Te Whiti — I could not deny tho charge, ' but I wish to explain the reason why 1 I went there. : His Honor— Tell Te Whiti if he pleads guilty — and that is a matter for his own ( discretion — he will then havo an opportunity of saying what he desires to eaj. If he pleads not guilty the trial will proceed, i Te Whiti— l plead Guilty. Titokowaru and the eight other natives l then pleaded Guilty to having riotously l assembled and forcibly entered the land of Mr. Hastie. ' Te Whiti, whoso offence was that of having incited the other prisoners to enter upon the land, was called upon to state if ho had anything to say why tha sentence of the Court should not be passed upon him, nud said : — I do not plead anything why the sentence of the Court should hot be passed upon me, but I wish to state ' why I went upon the land. 1 His Honor said ne was prepared to bear r what Te Whiti had to say. Te Whiti — I am tho original owner of the land. You, the white-faced people, came in a cloud, or army, and turned me offii tho land. When I got sufficient courage to re-enter, mj hand was put , .forth again. We and others were expelled from the land. We were not expelled peaceably, but by the guns of the Govern1 merit. When I rose from the ground the > pain of the blow I received was still greut, , but I still put out my hand. I was then i tried by law, but those who turned mo ( from the land were not tried. That is all . I have to say to your Honor — not many words. Titokowaru, in answer to the challenge, said — I am a workman for my lord, To Whiti. I went for my lord, Te Whiti. i'hat is all I have to say. Ngahina said— Te Whiti has stated all I havo to state. Te Kahu — AH I have to say is, To Whiti is our lord, and he requested us to go upoa > the land. i Rangihietlta said — Te Whiti induoed ng , to go on to the land — our land. That i& all I havo to say. Te Aka said — I have nothing to say, your Honor. My chief or lord, Te Wbiti, 1 has said all 1 had to say. Ake Ake said— My lord, Te Whiti, has' said all I had to say. Koropangaiti said—To Whiti has said all , I would say. Te Kuku said — I have nothing to say; Te Whiti has said all. To Iki said— All that I have to aay To , Wbiti has said. He sent us there. Ho did not do it in ignoraancti, but knew what it was for. I, being his child, went. The land was his. Mr. Bell then mentioned the other charge — that of malicious injury to pro- ' perty. Uis Honor said that was substantially ; the same as tho charge to which the pri- , sonars had pleaded guilty. i After some discussion, Mr. Bell, for tho Attorney-General, said he would enter a. nolle prose^ui in the last-mentioned case. 11 i"b Honor said ho would retire for a timo before passing Benteaco. Upon returning to Court he addressed To Whiti, and said : You bavo pleaded guilty to tho offence of being accessory to* the forcibly entry committed by the other prisoners. 1 feel a great difficulty in alloting what may seem a proper sentence for the offence of which you havo pleadod guilty, lam quite Bure if you consider tho matter, as 1 have no doubt you havo ottcn done, it must occur to you that such : acts are little short of levying war against the Crown ; and most certainly it must occur to you that Buch acts are certain to ' meet with resistance from the European. i settlers, and it would be impossible for you or any other person to e»y t how iooq