THE MURDER OF CAPTAIN MOLLER.

Globe, Volume XX, Issue 1513, 21 December 1878, Page 3

THE MURDER OF CAPTAIN MOLLER.

TBt Telegram.! [from the correspondent or THE PRESS,] Auckland, December 20. At tho Polico Court to-day, Thomas Rennell was again brought up on the charge of murdering Charles Moller, on the 7th October, at Butaritari, an island in the Northern Pacific. Mr Brookfield, Crown Prosecutor, said that after looking at the Pacific Islands Act and Foreign Offenders Act he had little doubt but his Worship had power to investigate the present case, although it might not be tried in the Supreme Court. His Worship had power to take preliminary proceedings although tho crime was committed within the limits of Fiji. His Worship considered that the amended Act was intended to punish all crimes committed by Her Majesty's subjects in any part of the Pacific Islands, and ho should take such ovidence as would justify him in assuming jurisdiction.

Walter Sherwin said ho was a seaman on board the schooner Meg Merri'ies, which in tho month of October was under the command of Captain Moller. He was on shore on the 7th October at the Island of Butaritari, in the North Pacific. Prisoner resided on the island, and was a trader. Witness accompanied Captain Moller to prisoner's house. Captain Moller asked for trade invoices for making up accounts. Prisoner gave them up. Captain Moller looked ovor them, and told prisoner he was indebted to a certain amount. Moller asked to see tho trade goods. Prisoner said, "There they are." Witness saw a gun standing in the room (produced). Witness took hold of the gun, remarking, " It is loaded." Prisoner said, " Yes, Igo shooting birds with it." Moller purchased a few things of prisoner. Witness and Moller then went on board to dinner, but subsequently returned to Bhore. The Captain, boatswain, John Ashby, and a seaman, Charles Evans, went to prisoner's house. He was standing at his door. Moller and prisoner went to the cocoa shed. The captain called Ashby to the shed, and they began to hand out some trade goods. Prisoner was inside, at the time walking about with the gun in his hand. Rennell asked Moller if he was going to take that cask of beef which his foot was upon. Moller paid " yes, but you can take it if you will pay mo for it." Prisoner said, "If you touch tho beef you are a dead man." clutching tho gun and walking round the table. Almost as soon as the word was out of his mouth he fired the shot, hitting Captain Moller in the left arm near the elbow. The wound bled a great deal. Witness assisted tho Captain, but he would not have his arm bound up, as it was too painful. A largo piece of rug or wadding penetrated h\n arm. Witness sent to tho missionary h&uae (Whitney's) where the captain remained until the following Sunday, when he died in witness' arms, and was buried on the island. Examined by Mr Hesketh—Prisoner and Captain Moller had some few words together about some bread on the morning of the murder. Moller had a book in his hand and was pushing the cask along when shot. Prisoner did not appear to have been drinking. William Brevin, chief officer of the Meg Merrilies, deposed—On tho 7th of October Captain Moller was. brought on board at the island iu a fuinting condition. I gave him brandy *md water. I and the cook arrested tho prisoner and brought him on board. I asked him why he shot the captain. Prisoner replied, " What could I do?" I said, "If there was a grievance he might have punched him rather than shot him." He replied, " I was sickly."

Mr Brookfield said the only courao open to tho Court was to commit tho accused to prison, there to remain until such time as he can b.o sirit back to the colony of Fiji by warrant under tho hand of tho Q-overnor of the colony. Mr Hesketh argued that the Court had no power to commit the prisoner until that power had been delegated under the Act of 18<#. Ho was quite certain his Worship vould not deal with tho prisouer, Tho Magistrate teiierred to a similar case where Capuain Fernandez was shot at. According to his interpretation of the Act " limit" meant longitude and latitude, including all small islands, and ho assumed that tho offence took place within the limits defined. Prisoner would bo committed to gaol to wait his Excellency's pleasure in transmitting him to Levuka. Prisoner was then removed in custody.