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Hawke's Bay Times, Volume 15, Issue 761, 14 February 1870, Page 3

THE CASE OF WALTER TRICKER. (From the Evening Post.) Stra/ng-ely enough, our issue of yesterday, 1 containing a paragraph censuring the Governor for his want of atteniou to M> Stock's petition on behalf of Walter Tricker had scarcely left the press, when we 1 ••arncd that Mr Stock had just received :i communication from his Excellency's responsible advisors, announcing their final determination to refuse interference with the sentence except some fresh evidence in the prisoner's favor was adduced. Thus it would seem that all hopes of obtaining justice for this deeply injured man by means of petition or remonstrance to tiie Government or the Governor are vain, and ho must wear out his life in hopeless' captivity except his fellow colonists take up iiis case in earnest, and come to his aid. All unbiassed men who are acquainted with the cireuuistariCes express an unhesitating opinion that Tricker is innocent of the crime l.rid on his charge; and even were ho guilty, that his guilt has never been brought home to him. The Judge' himself at the trial said that Tricker could ■not have murdered llayner on Thursday night, and the evidence' which convicted him of having committed the crime on the Friday morning has since been shown to be utterly worthless. No jury in New Zealand, however strongly advised by the judge, would have convicted Tricker without Hamilton's evidence, and Hamilton has been proved by the Commission to be a perjurer of the deepest dye. Still, he walks about unquestioned, and, in defiance of law and justice, Tricker is kept in priisoji, because it is alleged that subsequent Ito his trial he made certain confessions of J being guilty of Rayncr's murder —the evidence on which these confessions rests (being at least no stronger than that which disproves them. We boast very ouily of our freedom and our privileges >.:a Englishmen, descended from those who wrested Magna Charta from a tyrant at itie sword's point, v.nd should a neighbor's ijoat trespass on our grass we would rise in indignation to demand reparation and assert our free-born rights; yet we allow the dearest of them to be trampled under foot, in the person of a fellow colonist, now lingering in confinement for a crime of which he has not been proved guilty, i>n the principle which guided Kory O'More'sjudges —"if he is not guilty of this crime he deserves to be hung for other things he has done." If the Government desire to preserve even the name of fairdealing in this matter, let them at once :;rrest Hamilton and put him on his trial for penury; something may then come out which will give a clue to the " fresh evidence " they require. Every clay they delay adds strength to the rumors already afloat that the influence of certain parties who are interested in opposing a fresh investigation prevents this being done. We cannot avoid remarking on the course the Premier has pursued in this matter. When lie was simply Mr Fox, and not the Head of the Government, he expressed himself strongly in favor of Tricker'9 release. He is personally acquainted with the circumstances, and is understood to have both orally and in writing said he was "one who did not believe Tricker guilty," and yet we find him quietly refusing to advise the Governor to release him. Posssibly his colleaguts may be of a different way of thinking, but no one will believe that had Mr Fox deemed it of sufficient importance he could not have over ruled their objections. Look at the case ol Fulloou's murderers—their guilt beyond tn.e shadow of a doubt—when Mr M'Lean required them to swell his Maori pageant, their release was a matter of no difficulty. It is useless blaming the Governor; had he been a man of ability or energy, something mght have been hoped, but he is only —Sir George Bovven; as for the Judge, efforts to move him seem in vain; entrenched behind his legal palissades, he scorns to listen to the voice of either mercy or reason ; we can only leave him 10 his conscience if he has one, reminding him that there is a tribunal, before which even he must one day stand to an-wer lor the.use of the power entrusted to him. As we said before, the only hope of Tricker'a release now rests with the people and their representatives, and if they unitedly and boldly demand it, it cannot be refused. This is a matter whioh affects us all very nearly, and we would counsel our readers fo think seriously upon it f