AUCKLAND.

Hawke's Bay Times, Volume 6, Issue 321, 6 November 1865, Page 1

AUCKLAND.

RELEASE OP WAIROA MURDERERS. (Prom the New Zealand Herald, October 25) It was reported last evening that the men tried and sentenced to be executed for the murder of Job Hamlin, at the Wairoa, had been liberated upon a rescript from the South. At first the intelligence was regarded as incredible. That the ordinary forms of judicial procedure, the solemnity of a decision by a properly constituted jury, should have been summarily set aside, was considered beyond belief. It was stated in town that the pri--soners were released between five and six o’clock. At a later period of the evening the story obtained greater consistency, and bore a vraisemblance which could not be disregarded. We at once instituted inquiry. The result is as follows : That an order was received by the authorities of the gaol to liberate the prisoners Hori Taka and Matin tinder sentence of death for being concerned in the murder of Job Hamlin, of the Wairoa. That a representation was made upon their liberation by the prisoners that they should receive compensation for their losses of time with respect to which, of course, there were no instructions. This part of the story needs ■verification. At all events, from enquiries made at a very late hour, the whole story was corroborated in a manner that scarcely admits of a doubt. It may be asserted that the Royal prerogative, in this instance the «?‘ce-Royal prerogative has been exercised. We may state that the Royal prerogative is never exercised at home without a long correspondence, a prior publicity which is beyond the reach of imputation. The decision of a jury seems to decline in value in the proportion that it is delivered at a distance from England. At all events, if all that we have heard be true, it is a most unceremonious ■deliverence, and one that really must he further explained before it can obtain full credence. This another legacy left the province by the late most original mismanagement of aboriginal affairs —to wit, the “ native” office.

(From the Xe T Zealand Herald, October 26) We were enabled yesterday to place before the public the fact of these criminals from the Stockade —a fact which, when it became known, created no little indignation and surprise, but which was at first, and even after our statement of yesterday, regarded incredible and little better than a hoax. We have made further inquiry, and our statement is found to be true in every particular. It will be remembered that the two natives, Hori Taka and Matiu, were tried and convicted of murder at the last criminal sessions of the Supreme Court, and sentenced by his Honor to be hanged. They were in the hands of justice before any question of peace had arisen, and had the ordinary course been pursued, should have been dealt with as criminals, upon conviction, in any event. They have obtained an absolute and a free pardon for murder under the hand of his Exbellency by and with the advice of Sir Sewell, who countersigns the rescript, which is dated the 14th October. There is no instance, in this reign at all events, where the crime of murder has been absolved, and murderers have been permitted to go free without question or condition. It should seem that the decision of a jury is of little value in the mind of the late Attorney-General, nor the solemnity of a capital sentence deserving of any respect. What will be the position of those friendly natives who brought these murderers to justice ? Had there existed a disposition to foster division between the two races, and to nourish chronic rebellion, gravitating periodically to spasmodic explosion, this “ free pardon ” might be cited as a proof of such a feeling.. At home, once a man is condemned for murder, not only the judge who tried, the jury who convicted, but the.whole public mind is consulted, and except where there is reasonable ground that either the prisoner is innocent, or the conviction has been illegal, commutation, and not free pardon, is ordered. {From the Weekly News, October 23.) On Tuesday afternoon, Mr Tuckwell, Governor of the Stockade, received from Wellington free pardons for Hori Taka and Matiu, under sentence of death for the murder of

Mr Hamlin at the Wairoa. The documents are, of course, under the hand and seal of the Governor, and was countersigned by Mr Sewell, late Attorney-General, and must have been amongst his latest official acts. Mr Tuckwell, immediately on receiving the pardons, ordered one of the convicts to strike the irons off the prisoners, and this man, while doing so, told them in Maori that they were free. They showed not the least trace of emotion—did not even congratulate one another, although they had not been allowed to speak to each other during their confine ment. While the irons were being taken off, Mr Robert Graham visited the Stockade, and, on being informed by Mr Tuckwell of the receipt of the pardon, spoke to both men, repeating to them that they were delivered from the sentence of death. They, however, made no demonstration of joy, but quietly walked out of the gates, Matiu offering to shake hands with the chief warden, an offer which was declined. They then leisurely crossed the paddock on to the Kyber Pass Road. There was a good deal of grumbling amongst the other prisoners when the Maoris were released ; they could not see how murderers should be set free, and men imprisoned for long years for theft. There can be no doubt that the pardon to these men is an inevitable sequence of the late peace proclamation, which “ condoned” the murder of Mr Hamlin, for which they were sentenced to death.

More work has yet to be done in the way of granting pardons. There are two men at present in the Stoc;ade, under sentence of imprisonment for life for murders, condoned by the late proclamation ; and it is difficult to see why they should not be set free as well as llori Taka and Matin. A half-caste, named Hori, was sentenced, at the sitting of the Supreme Court at Taranaki, in July, 1863, to death, commuted to imprisonment for life, for being one of the party who lay in ambush for, and murdered. Dr Hope and the escort of soldiers at Oakura, which act began the war. This man is now undergoing his sentence at Mount Eden. Another, Tangataware, was taken from among the prisoners in the hulk, tried, and sentenced to death for the murder of Drumgould, at the Mauku. His sentence was

also commuted by the Governor to imprisonment for life.