TRIAL OF KEREOPA THE THE MURDER OF THE REV. MR VOLKNER AT OPOTIKI.

Wellington Independent, Volume XXVI, Issue 3381, 27 December 1871, Page 2

TRIAL OF KEREOPA THE THE MURDER OF THE REV. MR VOLKNER AT OPOTIKI.

9< (fbom otte Special Eepoeteb.) SUPREME COURT, NAPIER, DEO. 21. SPECIAL SITTING. (Before bis Honor Mr Justice Johnston.) The order in Council appointed the sitting of fche Court having been read fche following gentlemen were elected the Grand Jury :-lB£» Messrs W. Robert Robinson, W. Routledge, W. Nelson, David Seton Melville, John Rob* Johns, Richard David Maney, Richard Hacketthord, Andrew Luff, Daniel Beamish, George Thomas Fannin, Andrew Graham, George Condie, W. Ellison, David Oondie, John Chambers, James Rochforfc, Robert Stewart Kobert A. Brathwaite, Thomas Tanner, John James Torr, C-eighton Straehan Wishart Jolm Hellierß Vautier, and John Gibson Kinross (foreman). His Honor, in addressing the Grand Jury, said that fche circumstances of the extraordinary case for the consideration of which [ they had been called together were of so notorious a ohavacter as to require no soeoial notice at his hands. They were all well aware that a few years ago a very great crime had been committed on the East Coast of the Island, and from the time of its commission to the thon moment the Ministors of Justice had been in pursuit of those who wore supposed to be the perpetrators of the crime, but it was only at a very recent period that one of the suspected parties had been apprehended and made liable to the ordinary tribunals of justice. His Excellency tho Governor had considered it desirable that the oaso should be investigated as soon as possible, having regard both to the interests of justice and those of the prisoner also ; and in the selection of the time and place for tho trial he had no doubt been thoroughly well advised. It was no business of his (his Honor's) to apologise for tho time and place selected for carrying on tho investigation ; on the contrary, he had no doubt that both were well chosen. It might possibly be that some attempts had been made in various quarters to influence the minds of the public in reference to the particular case ponding, but he was happy to say that he had had too long an experience of the people of that district to allow him to suppose that any undue influence could be exercised over them in that or in any other case, and he conld not suspect that anything of the sort would have any effect on the judgment of the Grand Jury, or of any other persons who might at a later stage have to deal with the case, whether in reference to the cause of justice or the interests of the person accused. The offence charged against the prisoner was murder, und it wa3 wholly unnecessary for the Grand Jury in tho discharge of their function to consider tho particular circumstances, the adventitious circumstances, of this murderin respectto their atrocity, the discussion of which out of doors was sometimes apt to wrest men's minds from the Bpecial path of their duty. The simple duty of the Grand Jury was to enquire first if any murder had been committed, next whether the person montioned in the indictment had been murdered, and next whether the prisonei was his murderer or in any way was responsible for his murder, and nothing moro. Tho Grand Jury bad not to deal wilhthe evidence further than to see whether, according i to the maxims of law, there was a primd facie caso against tho accused such as would make it necessary that he should be put on his trial for the crime charged. The crime of murder was legally defined to be the killing by one person of another with malice afore* thought, but he feared that these words had done a great deal of mischief in their time, beoause it was often difficult for persons to relievo Iheir minds of the notion that as the crime of murder involved special malice, 80 where there wa9 none expressed a true bill could not be found. But whether the malioe was expressed or implied the crime was still j murder. It would be sufficient for tho Grand Jury to understand that in law the voluntarily killing by one man of another was murder unless there wore circumstances which would make such killing excusable or justifiable or, would reduce the offence to manslaughter. From the depositions taken in the present case he failed to see anything which would reduce the killing of Mr Volkner to manslaughter, and if the offence charged against tho prisoner was anything at all it was clearly murder. The duty the Grand Jury had to perform was a simple one, namely, to consider the whole case in its legal aspect and entirely apart from any political or sentimental view and to see the law vindicated The exact part that Eereopa took on the occasion of Mr Volkner's death it was not easy to ascertain exactly, but it was clear from the depositions that ho was at least an accessory before tho fact of the killing ; that; he was one of tho ringleaders and issued his orders that the act should be done and how it should be done. It was possible that the prisoner might be a principal in the first or second degree or an accessory before the fact, and he might bo all three, but this would make no difference in his guilt, as accessories in murdor were all equally liable to bo punished as principals ; and, moreover, there was such a thing as constructive presence in tho commission of a crime as where a man kept watch outside a house while a robbery wa» being done inside it, tho law considered him. as boing present at and taking part in that robbery, and there could bo no doubt that if Kereopa was not actually engaged in tho crimo he was near enough to the scone to mako him an accessory before the fact. Into the particular circuoißtanoes of the oaso it was not necessary for them to enquire, for though tho crime charged was a capital one and some of tho surrounding circumstances were of. a very peculiar character and had called special attention to it, yet so far as the mere question of murdor or no murder was oonoerned they would, ho thought, have no difficulty at nil. Thoro could be no doubt whatever that Mr Volkner lost his life oufc of the course of law and of naturo, and though other p3rsous wore present at and taking part in his killing, yet it would be clear to them to show that Kereopa was the master spirit of tho whole transaction. When Mr Yolkner was brought out for execution Kereopa camo up and took his watch away from him, and followed him very closely for some distance. As to -the brutal treatment exhibited by the prisoner to Mr Volknor, that had nothing to do with the crime charged, but was merely evidence of hia etato of mind; and whatever might have been his motives for his crime, thore was abundant proof of brutalisin both in fact and in law, and no matter what or how great injuries a man might have received, cither from Government or from private individuals, if he took the remedy into his own hands it would be absurd to say that he was not actuated by .' innlice, and, as he had said before, with reference to the political or sentimental view of tho case they had nothing to do. Before closing theso few remarks he thought it his duty to make some observations as to th« constitution of the Grand Jury in New Zealand, especially as he had seen some endeavor «J in tho Legislature during the last session of parliament to alter it. There could be no doubt thut it required modification, and that, as at present constituted, its operation waa very inconvenient in Borne cases; but, not* withstanding this, it would be a very unfortunate thing in his opinion if the tribunal was gob rid of altogether its some seemed to desire, because, besides an interest to tho various classes of society in the practical adminiatra» tion of justice, it afforded them an opportunity of correcting any erroneous view they might have on matters of law, und he was surprised tbat those who took upon themselves to treat tho

subject had not mor<? often alluded to one fact— namely, the power given to each member of the community to pref.-r to the Grand Jury in certain cases charts against any persons, and though in tho mother country it was rare for bills to bo presented to the Grand Jury without ft previous examination before the magistrates, yet ho considered the existence of the right so to present had been one great thing in preventing the maladministration of justice : and in New Zealand where many magistrates had not tho samu opportunity as gentlemen at homo possessed of preparing themselves for office both theoretically and practically, it was highly desirable that the institution should bo retainpd. As to the particular case beforu them then, ib was not necessary tliafc tlioy should examine nil tho Crown witnesses, but simply B 0 many as would enable them to bo satisfied thnt there was a prima facie case against the prisoner. , Tho Grand Jury then retired, and after half-an hour relumed into Court with n truo bill against, Kereopa for tho murder of Carl Sylvius Volkner. BEOUNA V KEIfKOPA. Koreopa was then arraigned on a charge of having, on tho 2nd March,. 1865, at Opoliki, in 3STew Zealand, feloniously, wilfully, and of his malice aforethought, killed and murdered one Carl Sylvius Volkner Tho Attorney-General (with him Mr Wilson) appeared for the Crown, and Mr G E. Lee for tho prisoner, who in a culm steady tone pleaded not guilty. Mr M. H. Hamlin was sworn as intrepreter on behalf of tho Crown, and Mr J. Hamlin (on the application of Mr Lee) as interpreter for tho prisoner. The following special jury was then sworn : — Messrs John James Torr, Hsu-vey Sladen, John Robjohns, David Dnlharry, Nathaniel Leverson Beamish, Koberfc Ashby Ward Braithwaite, Wiiliam Ellison, Thomas Crisp, Frederick Sutton, John Wilkinson, Jame3 Morris Wood, and Robert Stewart (foreman). The Attorney-General said that the prisoner at the bar stood charged with the murder of Carl Sylvius Volkner, on tho 2nd day of March, 1865. Although the jury were aware that iti tho years 1864 5 there had been exhibited great fanaticism among the natives of the Hauhau persuasion ho did not think it would be necessary to go into that matter, but that it would bo sufficient to give the facts of the particular case before them, and as shortly ns possiblo tell them the various cir cumstances which had preceded the murder, tending to fix on tho prisoner that responsibility which the Crown thought he should bear ; and on this he should ask them to sny that however guilty other persons may havo Leon in tho matter Kereopa was certainly the most guilty of all. It would appear thac in 1865, at Opotiki, there were several Europeans residing, and amongst them was Mr Carl Sylvius Volkner, a missionary, and a few others, including Mr Maurice Levy, whom he should call before them. Mr Volkner had resided in that place for ten or tv?elve years. .About February or March, 1865, the prisoner, with a large party, came from T.aupo to Opotiki, and was the leader of thut party. On his arrival at Wauhutani he declared his intention of killing any minister of religion he might find in Opotiki. Ho then marched on to Opotiki, and on his arrival he requested one of the chief mon there, Mokomoko, to kill Mr Volkner. It seemed that Mokomoko consented. At this t.imo, however, Mr Volkner was absent at Auckland, and was about to return in Captain Levy's vessel, tho Eclipse. On the 2nd March, 1865, ho did so return, and on tho arrival of the vessel in the river, at Levy's wharf, the natives came down, took possession of him, and refused to let the ministers (Mr Volkner and tho Rev Mr Grace, who accompanied him) land. The evidence of tho Maori witnesses would show that the soizure of tho chip and detention of those on board were by order of Kereopa, About midday Messrs Grace and Volkner were taken out of the vessel and put into a wbaro for safe custody, nnd a guard was placed over them by Kereopa's direction. Captain Levy then went to sco Mr Volknor, and this was material only because Mr Volkner asked him to take charge of his watch chain and money, which were afterwards found in possession of prisoner. Ho mentioned this merely to show that- Kereopa was the leading man in the whole affair. Meßsrs Volkner and Grace, together with several sailors, were kept in custody during thp day. Next morning it would appear that Eereopa marched a body of men to the wharo, and Mr Volkner was taken down to , Captain Levy's Jstoro. On tho night before the Eclipse arrivedHhero had been a native meeting, and tho natives were very much excited by Kereopa and others. Kereopa said Mr Volkner must be killed. On tho following moruing Mr Volkner was marched down to Levy's store. Hearing that ho was about to be killed he asked permission to pray, aud immediately after his prayers were ended he was led away to a willow tree in the Panapa Enclosure. Tho prisoner followed at a short distance, and continued issuing his orders, thus evidencing his leadership. While at Levy's store a native went from the party to the vessel, and brought back with him a block and soino ropes, and proceeded with them to the tree. Kereopa then pointed out tho particular way in which the rope and block should bo fixed in the tree, and then Mr Volkner was hanged. It would not be necessary to show that Kereopa actually put the ropo round Mr Volkner's neck or pulled it. It would be ehown that before the death of Mr Volkner Kereopa was in possession of that gentleman's property, and even while he was hanging Kereopa pulled off his body several articles of clothing. All this ho (the Attorney-General) should be prepared to show by direct evidence, and more, also, to the same effect, especially as to the barbarity evinced towards Mr Volkner's body, as showing the mudcrous intention of the prieoner. After banging for a quarter of an hour, the body was cut down, and taken to tho English Church clo3o by, and Kereopa pointed out to two natives how they were to cut off tho head. These natives then cut off the head, and handed it to Kereopa, who was inside the Church. Kereopa then thrust his £cgera into the eyes, aucl swallowtcl them, and drank a portion of the blood flowing from the neck. When all this was over Capt. Levy spoke to Kereopa about burying the body, and after some little delay he was allowed to do so. Kereopa produced Mr Volkner's watch, and dressed himself in some of that gentleman's clothing, and throughout the whole transaction assumed to himself tho position of leader of the party. The evidence ho intended to adduce was so strong that he thought it quite unnecessary to point out to the jury that the Crown need not show thut Kereopa's band actually produced Mr Volkner's death. It was quite enough to show, as would be shown, that he was actively aiding in tho murder and directing how it should bo done, and must be held responsible for their acts, which ho in«tigated and directed. Some of the witnesses would not be able to prove the actual hanging, but they would be able to prove that; Kereopa. started with tho party to tho tree, and went up to the tree, while Capt. Levy and others would unmistakeably prove that Kereopa wus on tho ■pot, and took an active part in tho perpetration of the crime with which he was charged. Maurice Lejy deposed : I live in Nelson, and am a trader. I remember March, 1865. On the first of the month, I was in ono of my own vessels at Opotiki. My store was close to tho river there. There was ft wharf there, to which tho vessels could come up. I know the English Church there. It was about 100 yards from my store. The intervening land is quite clear and level. I knew the deceased, Carl Sylius Volkner. He was Lutheran minister, and afterwards a minister of tho Church of England. Ho was about tho average size, and had northern light yellowish hair. I left Auckland on 27th February in my vessel, tho Elipße, and arrived at Opotiki on the Ist March, with tho Revs. Volkner and Grace, nnd my crew, at about eight o'clock in the morning. After making my vessel fast a number of natives came on board. They

remained on board for some time, and then one of them wont to fetch Kereopa. Kereopa came down and I went went with him to the wharo (Punapu) and spoke to him, I know enough Maori to make myself understood. There were some Maoris with me at the time. Koreopn sul ho would kill evory minister and soldier he could lind. At tho timo of fo speaking ho had with him the head of what I believe was a drummer of the 58th Regiment, which was then in the colony. The cap was a military ono, and had on it tho figures 58. I told Kereopa I would givo him my store and ship and everything I possessed if he would allow me to go away with tho ministers again. I offered him £1000 besides. I had seen him before. He refused my offer, and said he would kill Volkner and crucify Grace at Taranaki. I then went back to the vessel, where there were a lot of Maoris and Messrs Volkner and Grace. Mr Volkner was in my cabin, and could walk about, but not go on shore. Some natives then came and euid they would take the goods for the minister's lives. They were Opotiki and not Taranaki natives. I gave up tho goods to them, and they apportioned them off amongst themselves. Then they took away Mes3rs Volkner and Grace. Mr Volknor was dressed all in black, with a white necktie. They took him to a whare 300 yards from my place in the village. I went to the wh.ire about sis o'clock. Volkner and Graco were tukeu away between three and four o'clock. The natives were mostly halfcaste, belonging to Opoliki. I went into the woure,und MrVolkner gave meand my brother, who wus with; me, his watch and chain and between £10 and £12 to take care of for him. There were three or four other whites with them in the wharc. Everybody was mad then ; women lying about quite nuked, and they and the men shouting and screaming, and tho bells ringing all night, and Kereopa and tho others walking round their Pui Mariri pa, which was stuck up in front of tho church. There were some 300 or 400 of them carrying a flag with something on it, not exactly a Bkull and marrowbones, but some insignia of their own. This performance was part of the Huuliau religion. Kereop* was preaching in tho pulpit that evening. I looked in, but did not go in. Kereopa was taking the leading uart in everything. Patara, his brothor chief, was not there that day, nor the next. I heard Kereopa talk of killing every missionary ho could lay hands on. The whole lot of thorn were praying for that. One great part of the prayer was, " O ma pata, o inu gloriu Pai Marire." Kereopa told me and my brother that as we were Jews we should be 6afo. Had we not known that wo were safe we should not have gone to him. About 10 o'clock Kereopa told me he would kill Yolkner. Ihe natives were going on with all sorts of things that night. They were very much excited. I wus in the midsc of it nil, and did not go to bed all night. Next morning about 7 o'clock I and my brother were sent for to go. and sco Mr Volkner. My brother entered fhe whnre, and found Mr Volkner there surrounded by armed natives. I saw him, and saw that ho was not confined. He had his clothes on, and seemed comfortable, and in consequeiico of what he said to us we took his watch, chain, and money, which we had buried tho night before, and restored them to him. Tho Maoris were collecting in nil directions with arms, and went towards where Volkner and Graco were. This was about 9or 10 o'clock. Next I saw them leading Mr Volkner along towards my house, and Kereopa was about Uvo. yards behind. They stopped about thirty or forty yards from my house, and abreast of ifc. A Maori came and asked us for Mr Volkner's bible uiid prayer book, and wo gave them to him for Mr Volkner. Mr Volkner opened the book, and went down on his knees and clasped his hanJs and prayed for about a quarter of an hour. A native then went to my vessel, unrove the forethwart halyards and took away a rope, a block, and a strap. Tho rope wa3 about a three-inch manilla one. They took the lot to the willow tree, which wus 300 or 400 yards from my house. I followed fifty or sixty yards alongside, to sco what they were going to do. Kereopa was there in the circle of natives surrounding the tree, directing them how to place tho rope, and pointed out a branch, and the ropo and block were put over it. The natives were sitting down. I turned away, and the next thing I saw was Mr Volkner hanging on the tree. The ropo and block were put on by two Maoris in tho tree. Kereopa was ten or fifteen yards from tho tree. Three or four minutes elapsed between my turning away and seeing Mr Volknor hanging on the tree. The natives were pulling the body up and down by means of tho block and rope. The body had only the trousers on. I know tho body was that of Mr Volkner. The natives lowered tho body down sometime afterwards, and pulled tho trousers off. Kereopa was hauling at the trousers. He was very conspicuous, as he had white feathers on his head. I then ran away and found my brother and got to the ford, and found some armed men there, who said it was taboo. We were ordered back again, and I left my brother to sco what was going on. I went up to the tree, and found that everybody had left, and thut the body was gone. I then went to tho church and saw a great crowd there. There was a railed enclosure about 18ft x 12ft. I saw Mr Volkner's body inside it ; it had nothing on it but tho drawers. Kereopa was insido tho enclosure and was showing the men how to cut the flesh so as to get the head off. Ho had a knife in his hand. They were chopping away at tho neck with a tomahawk. I afterwards saw the head in the church when the prisoner was present. It was stuck in front of the pnlpit in which Kereopa was. Some four or five days afterwards ho took a watcb and chain out of his pocket and said they Mr Volkner's. He showed me the head again, about four miles out in tho country. I saw it tho day after the murder, cooking in a copper Maori. There were no eyes in it. There wore Ivio old men sitting down smoothing the cheeks. By cooking I mean steaming, I ufterwards found the body of Mr Volknor in tho water-closet of the church, neck downwards. I went to the Maoris and bought tho body with some sheets and blankets, and buriod it the day after tho murder. Tho Maoris gave back half tho goods they had taken from me. Mr Grace was still a. prisoner. THy brother was a hoatago for him bo that bo should not run away. I perfectly recognised Mr Volkner's body. Cross-examined by Mr Lee : I never saw the prisoner before I went to Opotiki. I saw him several times whilst at Opotiki, namely, tho first day, tho day of the murder, and four or five times afterwards. I have never seen him since till now. I know Patara, and had more communication with him than with prisoner. Patara is a big, bony man. I cannot giro the names of those who took my goods. I have been dealing two years with the Maoris. I lived at Opotiki only occasionally, about a fortnight out of each month. There were about 400 natives living at Opotiki, within a radius of five miles. Tho natives at the time of tho murder charged Mr Volkner with having taken some letters to Sir George Grey. There had been some disturbance between tho natives and tho Government some time before this at Tauranga in connection with the King movement. Just before tho murder tho natives were more excited than U6ual. The enclosure round the tree was manuka (?) about 4ffc high. Tho tree was in a small paddock. There were all tho Opotiki natives in the enclosure. Tho Hauhau religion was first promulgated, three days before the murder, when Kereopa came. I havo not seen much of it since, as I havo kept away from tho Maoris as much as possible. I escaped in a small dingy 14ft long, with Mr Grace. I had seen a wan-of-war outside, and I left my brothc on board her to como back for Mr Grace. During tho praying Kereopa talked to his God, and called his God to witness to everything ho had done. I understood him to mean that it was at the Divine instigation ho had done all he had done. I believe there were sixty strango nutives with Kereopa. I saw him with two human heads besides Mr Volkner's. One was that of tho drummer boy, and tho other of Captain Lloyd. I never saw tho heads used in any

particular way, though I boliovo they were used to excite the passions of tho natives. I liavo no doubt as to tho prisoner being Kereopa, though ho is somewhat changed. fTe wore feathers at the time, had short hair, .and was stouter and rounder in the face. (To be continued.)