SUPREME COURT.

Wellington Independent, Volume XXIV, Issue 2896, 30 September 1869, Page 3

SUPREME COURT.

CEIMINAL SITTINGS.-^TttbsDat, SkW. • 28,

Bbpobb Hits' Honob Mb .' SvspicE i" jfoflKyTON,

'„, -The Court sat, again this morning, .pursuant to adjournment: for ,th,e trial ,of iiatiye .pi'igpners. His Honor taking his seat.on the bench a,t the usual, hour, 10 o'clock, ,J,n additipn ; to JKamiora Pere, who. will take his trial tluYmornjwg. for. high, treason* and leving war ,agaimßfc.her, Majesty , the Queen, there, .were &]eo seventy-nine othe.r.nativea to be triad during the sessionof tjhp Spepial Commission. The whoie of. these .natives are,at. pre- ;- sent confined as prisoners on ; board; itlie,, barque City of Newcastle, and, are ; awaiting.. their. triaL Th.ey belong to £lje Wes^ Coast tribes^Jiving.between. Wanganui and Taranaki, and are pf Titpko.wiiru'a qupdain.fbUo.wers.- They^jyill be arraigned (the^whole, of tjhein).. under an infovinamation, laid, by^the Attprnpy^Q-eneral.and frapaed under the Summary Trials m^isturbea 1 Districts 4-ct, for the offence of high, treason. and levying war against her. Majesty .the .Queen, {^and^gainst two of. them, Taotokai and: r^.'e. Onatura, &fi.information wjJlI also, be laid...for ( in,ur^er— -whijeone .of them, Watore, lifgawokaitauruft, instead of being placed in the dock, as a, prisoner, will it appears be called by the Attorney|- f GI-enerai .as a witness for the, prosecution

B.EGINA V. HAMIOBA PBBB.-rLEVyESa tWAE, &C

The prisoner; Hamiora Pere; was placed in the dock just before the rising' of the Gdur'fryesfcefcday," charged under an information^iaidrby-the'&ttor-ney-G-enerol, '■ and' framed "under -the' Summary Trials in Disturbed Districts AcVwithdevyirig'war against her Majesty the 'Qneen,'he]vGrbvra< and dignity, &c; The Bill ' of information was read in ., English, and then afterwards interpreted' to. the prisoner by Mr Baker, and'then-pHsoner onb'eing arroighed under it, pleaded " Not Q-uilty".' '

In empanelling the jury this' m6rning,. about four or five of them were challenged,' some.by Mi? Allan, on behalf of the prisoner,- and some' by the Attorney-General on behalf of the Crown; •

Mr Baker and • Mr Young were again, sworn this morning as interpreters'. to" the* ' Court, Mr Baker, on behalf of the Government^ and* Mr Young, on behalf of the prisoner.' '■-'.' ■'■■ '. >-.''

The Attorney-GeneraLj' wibh Mr 'Izardy conducted the prosecution on the part of the Grown, and Mr Allan defended- the' prisoner. .' - •

Mr Izard briefly opehed.the case to the jury on behalf of the' prosecution, ahd was followed by the Attorney-General who stated* the l natui'e of the offence with which the prispner stppd.charged and also the nature of the evidence that would be called on behalf ' of the prosecution, to prove . the charge. ' ' ' ■•■ " "'. ' ••' ' -.: •■■.■• MaatA' Tb Owai: (I 'am. a 'married woman, my husband'B name is To Eooti. v He deceived me, Twas then married to him tit the Chatham Islands," while he- was- a Government prisoner there. I was in the Poverty Bay 'District, towards the end 6f last year, withTd Kooti 'and his followers, the 1 bnuhaus. I know the •> prisoner at the bar, Hamiora Pere. He was not • one' of the prisoners that 1 escaped, and came with, va 1 from, the Chathams Islands. "The first time that I recollect seemg 1 him was at Puketapo* when he came there and joined Te Kooti's party. . The 'prisoner had a gun with' 'him- when- he-.joined. We were at Puketapa in August. •> <Puketapa> waa an old pah, but it was fortified ond^etrengthened -by Te Kooti and his soldiers. 1 'While 'we- were at •Puketapa, I heard Te Kobti tell his soldiers; in the presence and hearing of the' prisoner, ithair—^ there was to be' a kokiri or war expedition' to the Wairoa, and that thrv were to attack the Government people there, and bring back -some powder and other ammunition if they could 1 get. any.' Te K'ooti generally called his party or his soldiers, „ Hauhaus. The kokiri went to the Wairoa according to Ve- Kooti's orders.- The prisoner went with the party; .When they cam© back they said that they had ■ not' succeeded in - obtaining what they had been Bent for, viz., to bring back the Government people, and to get some powder and other ammunition. Two natives were' killed during that expedition by the kokiri. They'were two friendly or Government natives. .' When the- — - kokiri returned from Wairoaj the prisoner returned with it. Te Kdoti' after this 'gave another order, also in the presence' and- hearing of the prisonor, for another war expedition or. kokiri to go to Turanganui. Te Eooti told them that they were to go to Turanganui. and attack the Government pedple, and all the natives there Who < were ' on the side of the Queen. Te : Kdoti . held his ruriariga's, and generally gave instructions. or -orders what' his soldiers were to do after,, prayers had been said, at which time he in gerieral -addressed them; He told them ■to be strong in figh iv tin Ato pray to God; and that if they • priayed to- God strongly and'faithfuUy f God would listen to' them, and would give all the Government people into their hands, but that if they were not' str6ng, and did not pray to God,' then that they themselves would be given into the hands of their enemie3 — the Government people. He also ■ said that if they were strong in their pray erat o" Gody God would also give into their hands Turangnnui for a residence, and tho whole of' the ' Poverty Bay district. He also said, and. repeated' it- a.g reat* many times, that all the Government people were to be killed; including the pakehas and all the friendly or Government natives; that"'Jehovah had tdld him this. Te Kooti said- that when they had killed the Government pedple at'Turanganui and hnd got possessionuf that place," that then God would also- give into theTHiands ttll the other towns, viz.," Wellington, Auckland, ■ Napierp""" as well aB all the people who lived in them,', and also all the friendly" or Government natives." That all the Hauhaus would be saved,' but all the other people would be killed. This* was said also in tho presence and hearing of the prisoner. We left Puketapa, and stopped on our road to Puke Puke, where we were going to, at Hangaroa, where some of the women, andsome who- had fallen sick wore, left behind. The whole of Nama's people, and all the others who had joined us, went with ■us from Puketapa to Puke Puke, and all' those' who 1 were soldiers had arms. Tho prisoner went with the rest. The order we .went in . from Puketapa to Puke Puke was this — some, of the .soldiers, went in front ; the women, children,. and. old ,men went in the middle, and. the rest .of •> tha, soldiers were placed in the rear. We arrived at Puke Puke about the middle of tho day, and, as. soon .as we arrived, orders wero immediately, give by Te Kooti , , to his soldiersfora kokiri to go towards TuraHganui* The prisoner heard this said. The party that went consisted of all the, escaped .prisoners from the Chatham Islands, and those who. had joined Te Kooti at Puketapa. The women and, the old men only stopped behind, at Puke ,Puke,j o the-resfc went. The kokiri went as. far.aa 'Pajiutahi. When they got there they captured all. the people that wero there, and brought, them ba,pk as, prisoners. These natives were. , fprm.erly; Hauhaus, and,, after, they had been taken, prisoner^, by Te Kooti, they were compelled by , him, >tp. fight against' the Government and, , on the side. gf^the / Hauhaus. When. they. ,were. « taken. - asked them where the Government, people were, ■and where they were living. They told,,him at Matawhero, Oweta, and Turan»amu\ ,A\kokivi • was then formed by ,Te Kooti's ,oj;dor,,to go to Matawhero on an expedition. „,1, saw ( tjie. kokiri start Tho sold.ier.swhocompps^dit.were.j^atna's people, and, some of, the, Priwera tribe, a,ts some others, but Te .Kopti was the , he.ad .mftjitof all. The men were all .of. thorn .ai-rapd. : -Th^pßispner went with .them. He was on foptapd-K^n gun,^ and most. of the others were on. ,h.oi.'seb,£i,ok; ... JWheii^| they returned from Matawhurp tpj^fltjjtahi they -J brought baok several,, peqple wi,th, tihe^ag.priso- j| ners, and amongst them , were. Mavja i^pjr^s, and-^ Ema Katipa , and her husband ; Him,ip,na> Thesi.^ prisoner returned with tl»e otherp.., i Thpyfr'^urned ;'; :'"■■ ; by three different, roads and, I< |n.-^r i 9p's,^li^ferent/>; parties. , All, the three roads. waAM^thM^^ o^^ i 5 of Matawhero. : , l^ep.^ey.^etffTOe^Jj^oy^si^i^'S;; that they, had killed, ,one hundse^i aad|%: natives afe Matawheroy, ..T^swa^iai^tel^e! p.r^Cp|S sence and .hearing of the,pris,onei^ I( ;^t^^e PuSft,^| anotheg : order.w.a3.given..for. anQtbir;kfik|riTOgo^ outto.Oweta. ' T^party/.^eftt^o^rjdjpl^pJH vernment 'psHß^HHH^%^^^(sP^ty^'p^Q^^™

The prisoner went with them. I was in the tent taking care of sick people when the party went out. I saw them pass the door of the tent. The prisoner and Te Kooti returned with the kokiri to Puke Puke. I know Hotapeta, and ho also returned with them from. Oweta. He was brought back by Te Kooti as a prisoner. We did not stay long at Puke Puke after this, but went on to Makaretu. All the soldiers went with their guns. At Makaretu they fought against the Government forces ; a great many of them were killed there by the G-overnmenfc troops, and the rest fled to Ngatapa. At Ngatapa there "was another fight. This was also between the Government people and the Hauhaus under Te Kooti, and the prisoner was there at the first fight. After the first attack upon Ngatapa the Government people went away, and did not return for some time, and then the fortifications 'of the pa had been completed by Te Kooti and his men 'after several days' work. An -order was afterwards given by Te Kooti for a party to go to Turanganui in order to fetch bullets 'and powder. A party went accordingly. All tho soldiers went, leaving only the old men and the women behind at Ngatapa. The prisoner was in the pa at Makaretu while the fighting was going on. I saw him fighting, and he had a gun in his hand at the time. I also saw him in the pa at Ngatapa, whore he was also fighting on the side of the Hauhaus. He escaped with the rest both from Makaretu and Ngatapa, when they ran away. I also ran away from Ngatapa, and afterwards Te Kooti and his soldiers — -also-made their escape.

Cross-examined by Mr Aedan : The prisoners escaped from the Chatham Islands after they had taken the giroS from the guard that was placed over them there, and they landed at Whareongaonga. A great many of those prisoners had formerly lived aj; and belonged to Turanganui. Te Kooti had lived there himself, and was living there at the time that he was sent away as a prisoner to the Chatham Islands. I knew him before he was taken prisoner. I know Paora Kati. I remember his coming up to Whareongaonga alter we had landed there from the Chatham Islands. He came with a message from the Government people, but I did not hear what the message waa. Hamiora Pere (the prisoner) first joined us at Pukefcapu, I cannot tell either the days or time when Te Kooti made use of ..the expressions about killing all the Government people. I recollect what he said very well. I remember his words but not the time when he spoke them. He knew at the time he spoke them that the Government people were pursuing him. He knew this after the first fight at Paparatu. I did not say anything in my previous examination about what Te Kooti had said with

regard to killing the people at Wellington and Auckland. I did not say anything about it because I was not a9keo\ The prisoner was not sick or laid up while the fighting was going on at Makaretu. Only the wounded were laid up at Makaretu: By the CoiTET : Te Eooti had formerly been an inferior chief among his own tribe. He became a much greater {chief afterwards and the leader of the party, through his prayers to his god. He belonged to the Ngatimaru tribe, who were not Hauhaus at. the first, but they nearly all of them joined Te Kooti after his escape from the Chatham Islands, and they also then adopted his religion and became Hauhaus. The Ngatimarus are a numerous and a strong tribe. There were Europeans living, I believe, at Turanganui before I was born. 1 was christened by the Bishop in his "Waerengahika.

Ribia Kaimabe, examined by Mr Izakd : I I know the prisoner at the bar. I was at Puketapu when he first came there, and joined Te Kooti. I heard Te Kooti say at Puketapa in the presence and hearing of the prisoner, that they were all to go to Turanganui in order to kill all the Europeans and the friendly natives that were there. At Puke Puke I heard Te Kooti, in the

presence and hearing of the prisoner, give orders

for a kokiri to go to Oweta. Tho party went and brought back some natives as prisoners and among others Hohepeta. The prisoner went and returned

with the kokiri. I heard Te Kooti give an order

for another kokiri to go to Turanganui. He told them that if they found any of the Government

people, they were to kill them. The kokiri went and the prisoner accompanied it. This was said by Te Kooti in the presence and hearing of the prisoner. When tho kokiri returned they said that they had been followed by the Government people, and that they had fought along the road. That they had killed two Maoris and one European, and' that they had ulso seen and killed some children, viz., two half-caste children and one Maori child, and that the people who followed them were Europeans and natives. The prisoner w«b at Ngatapa. I Baw him going along one of the parapets with his gun in his hand. I also saw him working at the fortifications at Ngatapa. Ema Katipa, widow of the Maori Himiona, who was killed by Te Kooti, confirmed the evidence of the two previous witnesses, as did also the Maori Hohepeta, who had been for some time ■with Te Kooti's party. Thomas William Porter, examined by Mr Izard : I was formerly a Sub-Inspector in the Armed Constabulary, and was with Major Westrap's party in the Poverty Bay district at the latter part of last year. At that time Major Westrup held the appointment of major in the Militia. I was present at the fighting at Makaretu in November last. Mr M'Lean, who was at

that time tho Government agent for the East Coast district, had ordered Major Westrup to lead *■■$ the colonial forces against Te Kooti and the Hau>haus who were encamped at Makareta. Maka- ■ retu is about four miles from Ngatapa. I cannot say positively how many Hauhaus there were who were fighting at Makaretu, hut I should say that there were upwards of 200. When the Hauhaus retreated from Makarelu to Ngatapa, I joined in the pursuit of them for some little distance, and caw ahout seventy or eighty, on the road before us. They were armed and going on towards Ngatapa. I did not follow them as far as Ngatapa, but returned to the party I was with. Geoegke Stoddart Whitmore waa then examined by the Attoeney-Genbral and said : I ana a colonel in the Colonial Militia service. Some months since I was colonel commandant of the colonial forces on the East Coast, and have occasionally served in a similar capacity on the West Coast also. In July and August 1868, I was in command of the Militia and Volunteers, ob well as of the Armed Constabulary in tho East Coast district. I received instructions from the Government to take the command of the colonial forces, when it was ascertained that Te Kooti and a large number of the Chatham Islands' prisoners had made their escape from there, and had landed at Whareongaonga on the East Coast. My orders were to go in search of Te Kooti and

to follow him up. The escaped prisoners landed at Whareongaonga early in July, and towards the latter endofthatmonthlled an expeditionary force to Turanganui. I afterwards left the East Coass ..district and returned to Wellington. Daring my absence the temporary command of the colonial forces in the Poverty Bay district was transferred to Major Biggs. I returned to the East Coast district towards the latter end of the year, when I again assumed the command of the district. Soon after my return, I heard of the fighting that had taken place at Paparata between the Hauhaus under Te Kooti, and the Government or colonial forces under Major Westrup and Lieub. Wilson. Major Biggs was in command of the district at that time, and ifc was under his directions, and not under.mine, that the operations at Paparata ■wera undertaken. Puketapa was the first place whera, wifch the colonial forces under my command, we first engaged the Hauhaus under Te Kooti. I subsequently led the forces to Makaretu and also to Ngatapa, at both of which places I ■was in command. We attacked the position of the Efauhauß at Makaretu, and dislodged them froxa there, and they made their escape, retreating in a/very disorganised manner through the bush to Ngatapa. I remember the first attack that I maisle upon Ngatapa. I had then about 700 men tinker my command, Europeans and ft atives, the -force being made up of the Armed Constabulary, and gome of the Ar^gjßjdfatttiporou tribes, the tetter being undj^^^HH^HPof the Ngatiporou

chief Eopata. I took up a position close to the pah, and in front of it. On the day after our arrival, I found that the pah was a much more formidable, and also a much stronger place than I had anticipated, and I therefore at once resolved to surround it as far as it was practicable or possible to do so. Very soon afterwards however, I considered it expedient to retire from before Nga« tapa, and consequently led the forces under my command back to Turanganui. I considered that the forces which I had with me on the first occasion of my investing Ngatapa were not sufficient to attack such a position as the Hauhaus there occupied witb any prospect of success. The Volunteers were under my orders and command, and were receiving both pay and rations from the Government. The instructions that I received were from the Government, that is, they were given me by Mr M'Lean, who, at that time, was Government agent for the East Coast district. 1 did not do anything without orders either from Mr M'Lean or from the Government at Wellington. After the lapse of some time I returned to the attack of Ngatapa. This was tho second attack, and I had then a greater number of troops under my command. lat pnoe observed that a strong and formidable as I considered the pah was before on the occasion of my first investing it, it was still more so now, and that the Hauhaus had made good. use of their time in completing their fortiflcations, and making the pah one of the strongest positions I have ever seen. As soon as we had invested the place, and the different positions were occupied by the troops, accordingly as each position had been assigned to each particular division, I, before the attack was commenced, called upon the Hauhaus, or rather upon Te Kooti, to surrender in the Queen's name. Ido not recollect the exact words that I used, but they were to that effect. No reply being made, the firing commenced, but I soon afterwards ordered it to cease, and called upon To Kooti that if he would not surrender, bub intended to defend the pah, to send all tho women and children away, and that two houra would be allowed for that purpose. This they also refused to Jdo, and I then ordered the firing and the shelling to be renewed. The fighting lasted three or four days, the pah being very obstinately defended by the Hauhaus. Wo threw both rockets and "shells into (he pah, and the loss on the part of the enemy must have been very great. On the fourth or fifth day wo had succeeded in making a breach in the pah, when we entered it, and found that the enemy had affected their escape under cover of the night. From the position of the pah, and the nature of the country round it, I thought that an escape woiild have been almost an impossibility, but I found that the enemy had succeeded in affecting their escape by means of supplejack ladders down the precipices at the back and sides- of the pal). Kopata, acting under my instructions, pursued tho enemy into the bush, where they had fled to, and succeeded in overtaking them, when a great, number more were killed, and some were brought back prisoners. Ngatapa was, by nature, a very strong position indeed, but its strength had been very considerably increased by the earth works, and other defences and fortifications that the Hauhaus had made round it, moro especially during the interval between the first and second attacks.

This closed the case for tho prosecution,

The Attobney-G-enekal then addressed the jury on behalf of the prosecution, recapitulating the greater portion of the evidence, and submitting that although one or two of the witnesses had not been ablo clearly to identify the prisoner with many of the kokiris, and on some other occasions, still that there was evidence direct und positive from some of the other witnesses of the prisoner's fighting on the Bide of the Hauhaus both at Makuretu and Ngatapn, and under that evidence the juty would bo justified in finding a verdict for the Crown, and against the prisouer. The Attorney-General's address did not occupy more than about ten minutes.

Mr Allan followed the Attorney General, and delivered a most able and powerful address on behalf of the prisoner, the address occupying about thirty-five minutes.

His Honor then summed-up, and went very carefully through the evidence, occupying one hour and twenty minutes.

The jury then retired, and, after an absence of nearly a quarter of a hour, returned into Court, and, in reply to the usual • question from the Registrar, the foreman said that they found the prisoner " G-uilty."

Upon the return of the jury into the box, there was quite a rash into the Court, ' which was very speedily filled by persons who were anxious to hear .the sentence passed, but, to the very great disappointment, no doubt of many, if not of all, his Honor directed the prisoner Lj be removed, stating that he did not intend to pass nny more sentences for high treason, until all the cases had been tried.

* On the application of Mr Allan, the Court was then adjourned until 10 o'clock on Thursday morning, ■when the trial of the native prisoners, at present confined on board the City of Newcastle, will be proceeded with.

The ground for Mr Allan's application for a brief adjournment was because he had only just been instructed for tho defence, and, under the circumstances, he trusted that tho Court would accede to, and grant, the indulgence.