THE MURDERS OF VOLKNER AND FULLOON.

West Coast Times, Issue 181, 18 April 1866, Page 3

THE MURDERS OF VOLKNER AND FULLOON.

/THE PRISONERS BROUGHT UP H FOR JUDGMENT. ,* The Supreme Court was opened to-day (April 7) in order that judgment might be pronounced upon the natives found guilty of various crimes before the Easter recess. Never before in this colony, and, we should cay, not often in any British Court of Justice, have so many men been brought up for sentence on such serious charges. There were thirty-six prisoners in all, and of these only one had not been found .guilty of crimes for which they would receive sentence of death. Mr Commissioner Naughton went up to the Stockade at nine o'clock in the morning, with two large vans, and a strong force of police. The prisoners, handcuffed in pairs, occupied the inside of the vehicles, and an - a.rmed guard of police was seated on the top. A large number of natives collected ', about the Court-house, and appeared to a great interest in the proceedings. ' One of the prisoners, Tamati o Ngatihoko, was so ill that he had to be assisted into Court by one of his companions. By direction of his Honor, the prisoners in custody for all the charges connected , with the Whakatane affair, and those for the murder of Mr Volkener at Opotiki, " were brought, into court, in order that they might hear the whole proceedings. His Honor said that, before the business began, he would ask. Mr Carnell if he had any motions to make in arrest of judgment, and in what case ? If there were any motions in the case for the murder of Mr Volkener, the Crown might press the case against them, as being accessories before the fact. If that indictment were disposed of, then Paora, -who had heen found not guilty, might be discharged. Mr Carnell said theje were no motions in arrest of judgment in any of the cases. His Honor said he had thought anxiously, day and night, about the matter; and he felt that if he had seen anything that had escaped the notice of counsel for the defence, and having regard to Mr Carnell'a short experience in New Zealand, he f should have felt it his duty himself to have raised the question — as the other day he had raised a question — as to the indictment, even although the prisoners' counsel had surrendered it. THE MURDER OF MR. VOLKNER. SENTENCE OF DEATH. rMokomoko, Heremita, Ilakaraia, Paora Taia, and Penetito, were then arrainged, and charged with being accessories to the murder of Mr Volkner, and on their pleading not guilty a jury was empanelled. Mr Brookfield said that after consulting with Mr Wynn, and those by whom he was i structed, he thought it right to ask leave to withdraw this charge. Four of the men had been convicted of a higher crime, and as to the fifth, Paora Taia, the prosecution would not be able to connect him more nearly with the affair than in the former trial. A verdict of not guilty was returned. EVIDENCE AS TO CUABACTEB. Mr Carnell then called the evidence as to character of the convicted men. Several witnesses who had previously known the prisoners were then exai y mined land spoke to their former good •onduct. The prisoners were then asked whether they had anything to say why death, should not be passed upon them. Mokomoko, Heremita, Penetito, and - Hakaraia te Pohui then made long rambling statements, in most cases totally . foreign to the mutter at issue,

His Honor then assumed the black cap, and spoke as follows :-r-Mokomoko, Heremita Kahupaea, Ilakaraia te Rahui, and Penetito, you" Severally stand convicted of the awful murder of Carl Sylvius Volkner. You, Penetito, have been recommended by the jury to mercy. I shall forward that recommendation to his Excellency the Governor, aud considering your youth, I shall myself humbly intreat.the- Governor that he may be pleased to extend towards you that royal mercy which the Queen entrusts to him, and to him alone, so that your life may be spared. The jGovernor will be informed of what Mr Grace bai this day said. But to you, Mokomoko, Heremita, and Hakaraia, I dar* not hold out a hope of mercy. The murder of which you are found guilty was perpetrated upon a meek man, a prophet of the one true God, and was attended with atrocities which have brought disgrace upon the Maori name. I will not describe those cruelties from this judgment seat. You kriow them, for you .took part in them, and already all good Maorics disown both this murder and the chief actors in it. How•ver, this is not a time for lcproach. My duty is not to reproach you for the sin of your lives, but to bid you prepare to meet your death. The sentence of the law upon you, and upon each of you, is, that you be severally taken hence to the public gaol at Mount Eden, and there that you be severally hanged by the neck until you are dead ; and may the Lord have mercy on your souls. The speech of his HonorJ'and 'the sentence were repeated in Maori by Mr Preecc. The countenances of the men condemned assumed a fixed and despairing look ; the others were perfectly quiet. His Honor addressing Paora Taia, the lad who had been acquitted of the charge, said — Paora Taia, you were arraigned before this Court upon the charge that 3'ou took part in the actual murder of Mr Volkner. The jury, by their verdict, have pronounced you not guilty of this murder. That verdict accords with the evidence, and is approved by the Court. You were then arraigned upon the charge that, although notyourself presentatthe murder, you incited and procured others to commit that crime. Those who prosecuted for the Queen have considered that, by leave of the Court, they might withdraw from further prosecuting you upon this second charge : and the jury having no witnesses before them to prove that you instigated others to murder Mr Volkner, have returned their verdict accordingly. You thus learn, • from your own experience, that the law is just — that it does not confound the innocent with the guilty, and that the jury declare no man guilty until his guilt is proved. But do not mistake. You have been the servant of Kereopa, the dupe of this Hauhau folly, and the companion of murderers. Walk no more with such men. You have seen this day that their end is death, but in the word of the missionary you will find the truth and the life. Keep that word, and henceforth be faithful to the Queen, whose law now restores you to your friends. Go in peace. Paora bowed slightly to his Honor, and then left the Court in charge of Retireti.