SUPREME COURT.

Gisborne Standard and Cook County Gazette, Volume I, Issue 9, 30 June 1887, Page 3

SUPREME COURT.

(Before Chief Justice Sir James Prendergast. {TUESDAY. Tnq Rape Case. ' The Court opened ai teti o’clock, The foreman of the in the ehtttpe of rape against P. Maher, intimated that the Jury had not agreed, nor was there any probability of tneir agreeing. His Honor said he would discharge the Jury, asking Mr Brassey, supposing the pre. sent Jury were relieved, was there any possibility of the panel being exhausted by challenge, and upon Mr Brassey stating it would not, the Jury were calledin the murder case and took their seats. His Honor asked the Crown Prosecutor what order be would ask for under the circumstances. Mr Nolan asked His Honor what order he would make under Section 158 of the Act. His Honer again asked Mr Nolan what order he would ask for. Mr Nolan then said he would make no applies'on. His Honor said he could make no order when none was applied for, and further added that he wished for no misunderstanding in the matter. Mr Nolan had charge of the prosecution, and if he made no application no order could be made. Mr Nolan said he would make no application. Mr Brassey said he would apply for the discharge of the prisoner. His Honor said he would not discuss the point at that time, but would go on with the murder case in the meantime. An application could be made at a later stage. He did not wish to express any opinion, but if Mr Nolan did not intend to apply for another trial he thought it was harsh on the jury, especially after what he had said on the previous evening. Mr Nolan said if he intended tc make any application he would do so before the rising of the Court that day. Mr Brassey said he would then be prepared to urge good argument why the prisoner should be discharged. The Jury vas then dismissed, and the prisoner removed. Shortly before one o’clock Mr Brassey applied for the prisoner's discharge, and the Crown Prosecutor intimating that he would take no further action in the case, the prisoner was discharged. Mubdbh. Aporo Paerata, Te Uuri Maronga, Te Hau Parourangi, and Rena Parewhai were charged with the murder of a Native named Nuku. The following jurors were sworn :—W. Morioe (foreman), It. Atkins, E. P. Cohen, A. J. Cooper, 8. Phillip, J. Parsons, G. Rice, I ’ Gregg, F. Tietjen, H. J. Reed, E. Clemetiia, V- McClive, J. East. Mr Re®« tfitii Mr Nolan appeared for the prosecution, afid Mr Brassey for the defence. All the prisoners pleS-dea not guilty. The facts of the case will still be remembered, the evidence which was adduced in the B.M. Court being full and lengthy. Shortly put they are : Some time in February last a young Native, a son of the prisoner Rina, died from some disease. Some few days before his death it was alleged that Nuku (the murdered man) had told him he would die on a certain date. The death having taken place on this particular day, Nuku was at once charged with being a wizard. At the tangi on the deceased a long korero took place as to what should be done with Nuku, some Urging that he should be put to death and others that he should be sent to Opotiki. It was alleged by one Native witness that he was asked by three of the prisoners to join them in putting Nuku to death, .but that he refused. Nuku and his wife lived in one whare, but on the evening in which the crime Was, committed another Native stayed there. He alleged he heard the window forced open, and almost immediately two shots were fired. Tud first one struck Nuku and the second his wife. This witness managed to escape, and saw some men outside the whare. He ran away and hid, and saw a light in the direction of the whare. Further examination showed that the wnare had been burned down, and the bodies had been greatly burned and charred. Another witness alleged she heard a shot fired. Dr Pollen examined the bodies, but could find no trace of bullets, but from his examination ,he concluded that death bad been a violent one. There was also evidence of one of the prisoners borrowing some lead to make bullets, as he alleged, to kill a bullock. And there was other evidence adduced to show that one prisoner borrowed a gun, and that three of them were seen about on the night of the crime, and one was taxed by some Natives with having been connected with it. Other evidence was given connecting the prisoners with the murder. Mr Rees very fully and lucidly opened the esse on behalf of the Crown, providing a map of the position of the whare, etc. About 5.30. p.m. last night the last of the witnesses for the prosecution in the above case was examined, and the case for the Crown terminated. His Honor intimated that he would not sit at night in the case, and the Court was accordingly adjourned until 10 a.m. to-day when a start will be made with the defence.