THE CASE OF WALTER TRICKER.

Hawke's Bay Times, Volume 16, Issue 805, 18 July 1870, Page 3

THE CASE OF WALTER TRICKER.

IHiVtiuiug rust, JUiy z.j The answer given yesterday by Ml* Gisborne to Mr Johnston's question—why the Government had commuted the sentence of Walter Tricker, instead of granting hiiri a free pardon ? —is an extremely unsatisfactory one, and shows clearly that the Ministry have only reluctantly granted a certain concession to a strongly expressed public opiuion, instead of acknowledging that the man had been the victim of a gross injustice, and doing all in their power to remedy it. Why should Mr Gisborne say that the Executive considered themselves to be in the position of a Scotch jury, able to briug in a verdict of not proven ? They have no right to make such an assertion, nor can the/ claim to occupy such a position. The case set up against Tricker at the Supreme Court has long ago been proved to have broken down, and his alibi allowed to have been established; and the only pretext for retaining him in jail for some years past has been the subsequent case alleged to have been made out against him in the jail. While this was tenable, the Government retained their hold of him, but when reiterated demands on the part of Tricker's friends forced an enquiry into its circumstances, it also was found to be worthless, and the Government, having no longer a pretext for keeping him, were obliged to let him go. If the Government, after all the careful and minute investigations made, were still unsatisfied of his innocence, why did they liberate him ? and having, by liberating him, confessed that the

onarge raaae against niin was unsuostantiated, why should they now refuse to say he is innocent, and leave a capital felony hanging over his head ? Besides implying that the Government had committed an act of weakness in yielding so far to popular clamour as to release a man whom they still consider guilty (for it amounted to that), Mr Gisborne's reply further stated that there were technical objections to pursuing any other course than what had been done. No doubt Mr Gisborne is thoroughly acquainted with the extent of the Governor's powers, and to the lengths to which Ministers may constitutionally go; but the general public, who are not versed in these nice matters, will consider that there is a large amount of humbug about the affair; and that if the Ministry had been so minded Tricker might as readily have been pardoned as the Maori murderer of Mr Fulloon (whose guilt wtfs never questioned), who was taken out of Auckland jail to serve a political purpose at the instance of Mr M,Lean,

ft is v.efy evident that the Government jhave made np their minds to move too further in Tricker's affairs yntil they | §re forced; and such being the case, jt becomes more than ever requisite that the half-caste, Henry Hamilton, should be arrested and placed on his trial for perjury, when there is at all a chance that the mystery enshrouding Bayner's death will be /cleared up, aud the crime brought fiome .to the guilty parties. A report was circulated a few day's ago that .orders had been given for Hamilton's arrest, but it turns out to be incorrect; however there seems no real difficulty in the way of finding him if required. It is said that members of the Ministry have expressed an opinion that it would possibly cause complications with the Maoris were such an arrest to be made, but this we fail to see. Our opinion is that it the matter were properly explained to Hamilton's relatives, so far from offering resistance, they would give him up at once. Iu the case of Whaka Mau, charged with a more serious offence, not the slightest opposition was offered to the execution of the law. And even if there were resistance, surely we are not in such a lamentable position of dependence to Maoridom that we dare not arrest a man charged with felony, in the middle of the settled and civilised country. The Government having taken the stand they have, nothing less than probing the whole matter to the bottom will suffice. Those wlm have taken the matter in hand de jnand enquiry full and searching, and are not afraid of the result; they wili not accept the compromise offered, and it is to be hoped that some publicspirited member of the Legislature will take the case up, and insist upon knowing why vague opiuions, the result, in a great measure, of prejudice, should have the power to stamp the brand of murderer on a man against whom no such crime has been proved.