SUPREME COURT.

Hawke's Bay Times, Volume 18, Issue 1204, 22 December 1871, Page 3

SUPREME COURT.

YESTERDAY.

[Before His Honor Mr Justice Johnston.]

WILFUL MURDER.

The Attorney-General, assisted by Mr. J. N. Wilson, prosecuted on behalf of the Crown. Mr. G. B. Lee appeared for the

prisoner. The order in Council authorising the folding of a special session having been *ead, the following Orand Jury was chosen by ballot:—W. R. Robinson, W. Routledge, W. Nelson, D. S. Melville, John Robjohns, R. D. Maney, R. H. Lord, A. Luff, D. Beamish, J. G. Kinross, G. T. Fannin, A. Graham, G. Condie, W. Ellison, D. Condie, J. Chambers, J. Rochfort, R. Stuart, R. Brathwaite, Thomas Tanner, J. J. Torre, C. S. Wishart, and J. Vautier. Mr. Kinross was chosen foreman. The jury were sworn in, Mr. Chambers, from conscientious reasons, preferring to affirm. His Honor, in addressing the Grand Jury, said that the circumstances which had led the Government to proclaim this extraordinary sitting of the Supreme Court were too notorious to call for special mention. All of them were aware that some years Ago a great crime had been committed on the East Coast of this island ; that ever aince that period the ministers of justice •had been in pursuit of the ringleaders of the party which had perpetrated it. It was only recently that a person suspected to be one of them had been apprehended. Jiis Excellency had deemed it desirable that the case should be heard as soon as was consistent with the interests of justice, and with the safety of the prisoner against unfair treatment. It was not his business to apologise for the place and time chosen. He had no doubt that both were opportune end proper. It might be the case that certain attempts, which he should not stop to characterise, had been made to influence their minds in reference to the case, but from long experience of the inhabitants of Napier, he had too high an opinion of them to believe that such attempts would be in any degree successful. The oifence they had to investigate was the crime of murder. It was quite unnecessary for them to consider any adventitious circumstances. Those atrocities, which might affect men's minds out of doors, were quite foreign to the case in a legal point of view. They had to consider, first, whether or not a murder had been committed; second, whether or not the person named in the indictment was responsible for it. They had to decide whether, according to the principles of law, there was a prima facie case for trial. The crime of murder was defined—" the killing of one person by another with malice aforethought." Those two last words " malice aforethought," he thought, had been the source of much mischief and misconception. It was difficult for persons who had not had a scientific training in the law, to relieve their minds of the idea that the word "malice" was used in its ordinary signification, and to keep it cleariy before themselves that by malice as there used is meant that evil state of mind which was called malice in law. It would be a safer guide for them than this technical definition, to bear in mind that our law calls every killing of one man by another murder, unless evidence can be brought to shew that the act was either justifiable or excusable, or that it was of such a nature as to reduce its guilt to homicide of the first or second degree. There was no necessity, however, for him to go into the explanation of the different degrees of homicide on the present occasion. There was no pretence for affirming that the putting to death of Carl Sylvius Voikner ■whs effected in such circumstances as could make it either justifiable or excusable, or reducible to one or other of the degrees of homicide. They had nothing to do with the ethical, sentimental, or political aspects of the deed, they had only to consider it in its legal aspect. There was one point to which he wished to draw their attention. From the depositions it was almost impossible to come to a distinct opinion as to the part which the accused person took in the perpetration of the crime at the moment of completion. Parties might be guilty of murder, and of other crimes, in more than one way. They might be principals in the first degree, principals in the gecond degree, accessories before the fact, and accessories after the fact. It was abundantly clear, that was to say, if the evidence given in the depositions was true, that Kereopa was, at the very least, an accessory before the fact. He took, all through, the part of commander of the band I

who committed the crime, and gave orders for carrying it out; but it was possible that he was not present, either actually or constructively, at the time it was committed. If a man in person assists iu the act, he is a principal in the first degree ; if he is present, either constructively or actually, he is guilty in the second degree. To be present constructively mean. 3 to be so situated as to render assistance to the actual perpetrator. A case of constructive presence, for instance, would be that in which one man watches outside the door of a building to prevent surprise while a crime is being committed inside. He was not certain that there was not evidence in the present ca3e sufficient to prove not only that the prisoner was an accessory before the fact, but also that he was a principal in the second degree as well—if not in the first degree. He was was happy to tell them, however, that no practical necessity existed for distinguishing between these three shades of guilt. Previous to the passing of a late statute, if a man were charged with being a principal, and were found to be an accessory before the fact, he could not have been convicted on that indictment. Now it was not only the case that an accessory before the fact was equally guilty in the eye of the law with a principal, but he could be convicted of the crime on an indictment charging him with being a principal. If they found that the prisoner was an accessory before the fact, they might bring in a true bill. With regard to the circumstances of the present case, he presumed that evidence would be brought to prove that one Carl Sylvius Voikner had lost his life by violence used against him ; that Kereopa and Patara bad come to the East Coast with a number of Taranaki natives, and had endeavored to excite the minds of the natives at various places against their ministers; that Mr. Voikner and others arrived at Opotiki while Kereopa was in that neighborhood, and by Kereopa's orders was put into a place called the gaol; that the next day Kereopa gave orders that they should bring Mr. Voikner to a willow tree and hang him, and that this was accordingly done -; that throughout all these proceedings Kereopa was the master spirit; that he must, on some occasions, have been close to Mr. Voikner, as he took his watch out of his waistcoat pocket. The evidence of one witness went to prove that he followed him some distance on the way to the place of execution, and in close proximity, and must in ail probability have been present when the hanging took place. The only bearing of the circumstances that occurred after the murder, which they had to consider, was the light they threw on the state of the prisoner's mind. They were abundantly sufficient to shew express malice in point of law. He would again warn them against letting their minds be affected by the political and sentimental aspects of the case. Even if a man had been as grievously injured as it would be possible to conceive, if he afterwards took the law in his own hands be was guilty of murder, The existing state of society could not exist without the firm maintenance of this principle. All they had to see was, was there a prima facie case that a murder had been committed, and that it had been committed by the individual charged. He would remark, in conclusion, that the present sitting of tb.2 Court w«3 not necessarily confined to the case of Kereopa. Any indictment whatever might be preferred to the Grand Jury. The present was not a special commission, but a special session with a general commission. It was worth while to point out one of the important functions of Grand Juries, which for some unaccountable reason had not been noticed in the late public discussions on the subject. He thought that the proposed abolition of them would be a very great misfortune indeed. Besides giving various persons an active interest in the administration of justice, and correcting their ideas of law on the points brought before them, and proving a safeguard agaiost trials which would be not only useless, but causes of scandal, they afforded to every member in the community the power, if he pleased, to rmike a charge without the intervention of a magistrate. In the old country, no doubt, it was very rarely that this right was exercised ; at the same time, its mere existence was a great safeguard against maladministration among the minor magistrates. Here it was still more necessary than at home, as the magistrates, as a rule, had received less of a special training in the law. It was right that people should know that this power existed, though it bad scarcely ever been used. By a late Act, the Vexatious Indictments Act, there were consequences

attached to tbe abuse of the privilege which would be effective ia putting proper checks upon. it. He need hardly inform them that it was not necessary that they should examine all the .witnesses. As soon as they had obtained an apparently reliable statement they could bring in a bilL Tbe Grand Jury found a true bill against the prisoner for wilful murder. His Honor then discharged them with the thanks of the Queen and the colony.

Mr. H. M. Hamlin was then sworn in to act as interpreter on behalf of the Crown; and Mr, Josiah Hamlin on behalf of the prisoner.

The prisoner having pleaded not guilty, the following special jury was sworn in;— R. Stuart (foreman), J. J. Torre, H. Sladen, J*. Robjohn, D. Balharry, N. E. Beamish, R. B. Braithwaite, T. Crisp, W. Ellison, H. Sutton, J. Wilkinson, and J. M. Wood,

The Attorney-General opened the case on behalf of the Crown, and said that evidence would be adduced proving that the prisoner was present at the time of the murder of Mr. Volkner, and that it was he that directed the movements of the murderers.

Morris Levy, being sworn, deposed— X am a trader, residing at Nelson. On the sth March, 1865, I was owner of stores and vessels at Opotiki. The stores were close alongside of the Opotiki river. I had a wharf there, to which vessels came to load and discharge cargo. The Church of England was not far from the house ; about 600 yards distant. I could roll a ball from my house to the Church. I knew the Rev. Carl Sylvius Volkner. He had been a minister of the Lutheran Church, but at the time spoken of a minister of the Church of England. He was about my size, with light northern hair. I had known him for two years. He was 41 or 42 years of age. On the 27th of February, 1865, I left Auckland in my vessel, the Eclipse, for Opotiki. I was master as well as owner of the Eolipse. Mr. Volkner, Mr. Grace, and rny brother and crew were also on board the vessel. We arrived at Opotiki, at my own wharf, on the Ist March, 1865. On making the vessel fast, a number of natives came on board. One i of the natives went for Kereopa, and brought him. I went to see Kereopa at a whare distant about two or three hundred yards from my house. I spoke to Kereopa. I know sufficient Maori to make myself understood. Kereopa told me he would kill every minister and soldier he could find. At the time be had with him the head of a drummer boy. A military forage cap was stuck on the head, and the number 58 was on the cap. I told him I would give him my stores and ship if he would let me go away with the ministers. I also offered him £IOOO. I never saw Kereopa before that day. He j refused to let us go or to take the money. He said he would murder Volkner at Opotiki, and crucify Mr. Grace at Taranaki. I then went back to my vessel. Mr. Volkner was in the cabin. The Opotiki natives prevented him from going ashore when he attempted to do so. I offered them my goods so as to save Mr. Volkner. They divided them amongst themselves. I know some of these natives, and have seen one or two of them in Napier. After that some of those natives who had taken my goods took Mr. Volkner and Mr. Grace away as prisoners. Mr. Volkner was dressed in black. They took them to a whare, three or four hundred yards from the village. I went to the whare about 6 o'clock in the evening. It was about 4 p.m. when they took him there. There were a number of natives (mostly halfcastes), belonging to Opotiki, guarding the whare. The natives let me into the whare. When I was in the whare, Mr. Volkner gave me his gold watch and chain, and some £l2 in money, to take care of. The same evening four of my erew and the man who cooked at my whare were locked up. All that nuht the church bells were ringing, and the women were lying about in a state of nudity. Kereopa and others were dancing round a Haubau pole. He also preached from the pulpit in the church. Kereopa was taking the leading part. Patara had not arrived there at that time. During the Hauhau ceremonies, their great prayer was: " O ma pata. O ma gloria Pai Marire." Kereopa also assured my brother and myself that we would not be molested, because we were Jews. We were informed that all Jews were safe when we first, landed. I did not sleep that night. The natiyes were in a state of great excitement. On the following day, my brother and my self were sent fur to the wharr. My brother went in and I stopped outside, The door was open, and I could see what

went on inside the whare. I saw Mr. Volkner; be was dressed. In consequence of what he said, we gave Mm back his wateh and chain, whieb. we had hid the previous day for safety. I afterwards saw armed natives arriving from all parts of Opotiki. Tbey went in the direction of the whare in which Mr. Volkner was held a prisoner. This was between 9 and 10 o'clock in the morning. I next saw them leading Mr. Volkner towards the church. Kereopa was marching five or six yards behind Mr. Volkner. The procession stopped 30 or 40 yards off, abreast of my house. A Maori came into our house and asked us for Mr. Volkner's prayerbook, I saw Mr. Volkaer, when he got the book, kneel down and pray for a quarter of an hour. I saw a Maori go on board the Eclipse and take away a block, a strop, and some three-inch Manila rope. The party then all advanced in the direction of the willow tree. I followed some 50 or 60 yards behind the party. I also saw Kereopa pointing to a branch of the tree, on which were two natives affixing the rope, block, and strop. I afterwards saw the natives gather in a circle round the tree and sit down. Kereopa was 10/ or 15 yards from the tree. I then turned away my head. X looked again at the tree some three or four minutes afterwards, and saw them pulling a body up and down, by means of a rope. The natives were at one end and Mr. Volkner's body at the other. Mr. Volkner's trousers were on. They lowered the body very nearly to the ground. I then saw Kereopa pulling to gefc the trousers off. Kereopa was conspicuous, on account of having sea gull feathers stuck in his head. After that I ran away and saw my brother. We went to the ford, bufc found that the crossing-place had been tapuedj and we were ordered back by armed natives. I then went back to the willow tree on which Mr. Volkner had been hung. No one was there. I then went to the English Church. I saw a great crowd there. Mr. Volkner's body was inside the enclosure, on a kind of platform. Nothing was on the body, except his drawers. Prisouer was inside the enclosure. He had a knife in his hand, and was pointing out how to cut off the head, so as to preserve it. I saw some one with a tomahawk chopping at the body. I afterwards saw Mr. Volkner's head in the church. Kereopa was then in the pulpit, and Mr. Volkner's head was before him. Some four~or five days after Mr. Volkner was hung I saw the prisoner. He then pulled Mr. Volkner's gold watch and chain out of his pocket and showed it to me. The chain was hung around his neck. The day following thaton which Mr.Volkner was hung, I saw his head cooking in a Maori oven. Two old men wcro sitting alongside, assisting in steaming the head. Some four or five days afterwards, I found the headless body of Mr. Volkner under a seat in the water-closet behind the church. I went to the Maoris and bought the body from them. I gave them some of my goods in exchange for the body, and we then buried it. I recognised the body aa that of Carl Sylvius Volkner. Mr. Grace wa9 then a prisoner. My brother and myself were responsible for Mr. Grace.

By Mr. Lee: I never saw Kereopa before I went to Opotiki. I was there twelve days. I saw the prisoner the first day, the next day after the murder, and several times afterwards. I have never seen him since till now. I know Patara. I had more communication with him than the prisoner. Patara is a tallish thin man. I don't know the names of the natives that took my goods. I had been living about two years with the natives. I lived in Opotiki about a fortnight out of every month. My brother resided there always. There were three or four hundred natives within a radius of a few miles. At the meeting held about killing Mr. Volkner I heard Opotiki natives say that the reason for doing it was, that he had taken some letter to Sir George Grey. There was some disturbance at Tauranga, on the same coast, between the Government and the natives not long before. That was connected with the king movement. At the time I went back to Opotiki the natives were in a disturbed state, and expected the Taranaki natives over to visit them. His Honor said that if it was Mr. Lee's object to prove that the murder was a political one, that line of defence would be useless.

Mr. Lee said his object was to shew that it was the act of the Opotiki natives, not of Kereopa,

Examination continued :—lt was about ten o'clock, on the 2nd March, that the murder occurred. Round the willow tres

jthere was an enclosure j the fence consisting of manuka poles. All the natives in Ppotijci, with the exception pf onepr two, were in the enclosure. Kereopa was there.. The Hauhau religion had pnjy he&p propagated tjttr&e days in Opotilki on our arrival. I have not seen much of it since. I fiaye kept away from Maoris as much as possible since.. By his Honor:—l was taken in the srst instance by natives to Kereopa, and was told it was he. Kereopa was everything at that time. By Mr. Jjee:—l escaped with the Rev. s!r. Grace in a small dingy. Kereopa bim/aelf told me he would kill Vplkner. I can't repeat Kereopa's words in Maori. I know yery little Maori now to what I did some time ago. X swore never to speak it again, pe talked about his pod. He called him to witness to everything he did. I understood that he considered the killing of the missionaries a divine suggestion. I helieve about 60 strange natives pame with him. I saw two human heads with him besides Mr. Volkner's. One was said to be that of a drummer boy, the other that of Capt. Lloyd. The heads were used for preaching to. I believe the use of them was to excite the passions of the Maoris. I have no doubt that is the same man. He was stouter formerly, and wore more hair. The prisoner asked in the native language, "Am I the same now as I was then ? " The witness's answer was conveyed to hjm. The prisoner asked might he ask any question. His Honor explained to him that he had the assistance pf counsel, and therefore should not be allowed; however, he would relax the rule in the present case. He asked some questions, none of which, however, had any relevancy to the case in hand.

Several Maori witnesses were called. sJot much of importance was elicited beyond what has been published already. Mr. Lee, jn addressing the jury, said there was no pretence of saying that the murder was justifiable if they thought the {evidence proved that Kereopa was guilty (either- as accessory or principal, unless they thought there was some ground for thinking that he did not know what he was doing at the time. His Honor pointed out that unless he was prepared to prove insanity this defence was valueless. Mr. Lee continued j Could it be said that in any ordinary sense the prisoner instigated this murder, He came over from Taranaki with a few followers; soon a sort pf madness sprang up among them all. The head they thought spoke; everyone was his own gpd. They had evidence to the effect that there was a tumult at the time of the murder. One of the witnesses said they were all deranged. All were guilty ; all assisted and incited one another to the commission of the deed. He had called it a sacrifice, going back to the old religious ideas of his race. All the expressions used about " Parliament of England;" " He has eaten me alive," &c, bore evidence pf derangement. Kereopa was a stranger jn the district. Without this general derangement how were they to explain £he ascendancy so suddenly gained by the prisoner. When Kereopa said, "He has eaten me, I will eat him," was it not clear that he Was not speaking of himself at all; he was personifying his idol. Is not this sufficient to prove that he was really mad at the time ?

p Honor then, through the interpreter, the prispner if he wished to say anything. The prisoner said " the witnesses are not here." It was explained to him that this had nothing to do with the matter. He said he had a good deal tp say. If it was £OO long he would make it shorter. He pomnienced ;—ln December, some years ago, I can't tell the year, I went to Taranaki. As J was going there, the King was returning from it. The King had got the pole of the Hau Hau religion causing fightjng, and also not causing fighting. I went jto fVanganui, he passed me by the sea poast. On my arrival at Taranaki I got 15 people from Taranaki (he proceeded to give sheir names) to come with me. In starting, £he prophet said to me, " Take this head with you. If any European stops you by the road, go by another way to Opotiki. Po not go by Taimuri, go by the Urewera pountry, When you get to Poverty Bay leave the head there. That head is to do away with the religion of the ministers. Do not let them kill any Europeans that pome over to them." The Taranakis were to parry on the Hauhau religion. I was to look after them, and guide them from place to place. I then came to Taupo, and there ff£" fe?Ms & a * Spain's Hauhau po)e h§d

been taken possession of by the Arawas. Uext we came to Mr. Grace's house. Patara said, " Kill Mr. Grace. If he is not there let us take Mr. Grace's goats." I was grieved at this. We went next to Tauranga-r-fflnpo. There we met Hori Weteri. He was going to bring the Jlaubau religion to the East Coast. We then proceeded to Opepes thence to Bangitaiki; thence to Tahuaroa in the Urewera country. We found the Arawa friendly natives, my relations, there. They gave us food. I gave them a letter saying that a minister would be killed. X addressed a letter to the Arawas, to Mr. Clarke, and Mr Spence, telling them I was going to take the J3auhau religion into their districts, and that it was a bad religion. This I did because I found Mr. Grace had been robbed. I thought if we met any other minister Patara would kill him. The Ngatiraukawas came to fetch me to go to the Wairoa. Patara and Hori Weteri urged me to go to the coast. At last I agreed to go. I gave the Ngatiraukawas one of the live Europeans, and we went on towards the coast with the European head, and one live European. The third day we reached Te Teko. All went through the Hauhau ceremony there, men, women, and children. We were there two days. I heard Patara say that if there were a European there he would have been killed. I and my magistrate were much grieved at this. Four people at Te Teko were picked out as priests. Next day all the people of Te Teko went to Whakatane. There all joined in the Hau Hau ceremonies too. It is true, what has been said, that I carried the head, but I had nothing to do with the Hauhau religion. Next day we reached Kopihau. On the second day the Catholic priest saw the people at the Hauhau ceremonies, and spoke to some of them; Patara wished to have him killed. I saw them pointing to the bush and to the sea. They meant either apparently to drown him or to kill him in the bush. The priest came to me. I saved him, I said to Patara " be done with your murderous work." The chiefs did not protect him. Nest day we came to Ohiwa, all there joined the Hauhau religion. There were about 300 people in all. Next day we slept at Pairata ; next day at Pakohai, at Opo- , tiki. On nearing the place we were met by three parties. The people there welcorned us, and told us to bring this new god. I answered saying, " I am come to bring it; be careful what you do with it, we do not know whether it is a god for ourselves only or not. Do not attempt to murder anybody." The Taranakis then gave, the Whakatoheas the head, in return for which they gave greenstones and other presents. The second day the Taranakis, and Whakatoheas robbed Mr. Volkner's house. The Whakatoheas said to Patara, if the Europeans come tbey must be killed. When I reached Opotiki I heard that the letter I had sent to the Arawas had been stuck up on a gate that all the natives might see it. The Whakatoheas said next day that they had taken an oath that if Volkner came he should be killed, as some of their people had been killed. Patara agreed to it. I said, " there you have done wrong." On the third day, Patara and some others went to Te Kaha, to teach the people there the Hauhau religion. On the fourth, I went inland to Te I£owbai, with twenty or sjrty followers. About seven days after, the vessel with Mr. Volkner and the Jews on board came in. A messenger came to me to tell me that Mr. Volkner, Mr. Grace, and others had been put in prison in Paki's whare; that both the ministers would be killed, but not the Jews. The man went back; I did not. On the fifth day, I went back to Pakowhai with about 20 men. My magistrate desired me to go out to save one of these ministers, as they were both going to be killed by the Whakatoheas. On our arrival there we found that they bad all assembled to kill Volkner and Grace. My people had dispersed to rob the vessel. I then went to see the Whakatoheas and found them all armed. 1 asked what they were going to do. They said they were going to kill the Europeans. 1 said "wait, take them to the church." They all assembled then in the church. I bad no power to get the Europeans, seeing the others were going to kill them. I asked them to explain what was the reason why they were going to kill them. Temuti spoke through the window:—"lt is decided on, the death of Mr. Volkner. It is not your doing." Another chief, Mokai Tautari, said-i-" It is not your doing that Mr. Volkner is to be killed ; we have decided on it ourselves." Several other chiefs (the prisoner enumerated them) said Jhg saine. TJicy jutended to

peans because some of their own tribe had been killed. Mokomoko said Mr. Tolkner was warned to remain away, as he had persisted in coming he must be killed. J said to them " keep clear; leave the fighting at Te Awa o te Atua and Rotorua. Listen you, keep Mr. Volkner and give me the other one." This is what I told the people then assembled. All the witnesses here to-day were Hauhaus. I had no power to save these Europeans. Some of the chiefs agreed to this. They said-*- " You shall, have one. As Mr. Volkner belongs to this place, he shall die." Tahi said—" You persist in saving these ministers, though the Bishop has eaten you. Your women and children have been burnt up." I said " that is quite different; there was fighting there. Here there has been none." This man urged me to agree to it, at last I said, " Yes, J will eat Mr. Volkner. I will hang Mr. Volkner." I then said, " Listen, I will explain to you the words of the ceremonies to be performed." I said, "If we murder any of the Europerns, we shall have to climb the high hills. At some future time you will turn round and blame us Taranaki people for these murders," After I had done speaking, Te Hiki got up and said, " Mr. Volkner must die, but your man and the Jews will be spared." Wi Hura was one of the people who hung Mr, Volkner; Ranapia was another who agreed to his death, Hori Weteri, the man who just stood in the witnessbox, was a man who took the Hauhau religion to Waiapu; who was afterwards a Chatham Island prisoner, and subsequently one of Te Kooti'a suldiers. These people that have been speaking were all Hauhau3 who have been taken prisoners. Te Whai is the only one that I know no ill of. I remained in the church while they brought Mr. Volkner to hang him. I did not see the vessel land. I did not see the Europeans being made prisoners, nor did I see him hanged. I did not see his head cut off. They all assembled in the church again; I was there. The Taranaki men

were sitting at one side; I was at the end. I said, " Your people tell me my people were killed and burned. I agree to it." The head was put in. I turned round to the people and , r said, " This is the head of Mr. Volkner which has been brought for me to eat. I will do so." It is a Maori custom when they cut off a head to keep possession of it. I had no knife in my hand. I had a blanket across my shoulder. I had no feathers in my hair ; I had a cap on. I only went through the motion of taking his eyes out and swallowing them. I did not really do it. I put the head down and it was taken away by Te Hiki. I then went home to my own place to Opotiki. I never saw Mr. Levy at the time of Mr. Volkner's death. I did meet a European, but this is not the one. Next day the head was brought to me, and I saw the eyes had been taken out. His Honor, in summing up, remarked that he was sure he need not say a single word in order to enforce upon the jury the necessity of giving their earnest attention to the case in hand. Were they satisfied, he asked, beyond reasonable doubt, that a person named Carl Sylvius Volkner had been murdered, and that the prisoner at the bar was one of the parties responsible for the murder. fse might dismiss the point raised by the counsel for the defence, that the prisoner should be acquitted on the ground of insanity. Not only were no steps taken to prove insanity in the course of cross-examination, but the prisoner's own voluntary statement had disposed conclusively of the suggestion. They must come to the conclusion that Kereopa had a very accurate and distinct remembrance of the circumstances that then occurred. It was necessary to see whether there was evidence that the prisoner had taken a voluntary part in the series of facts which culminated in the death of Mr. Volkner and the horrors that followed. He thought he would only embarrass them by going into the law of homiqide, because, if they believed the evidence for the prosecution, there was nothing to lead them to think that the crime was other than murder. The law says that all voluntary killing of one man by another is murder, unless circumstances are shown which reduce it to homicide. There was no doubt about the corpus delicti, or fact of the murder. The question which they had to determine was—Was Kereopa one of the persons responsible for it ? The prosecution, no doubt, asked them to ber lieve that he was the chief instigator, but it was not absolutely necessary to prove this in order to prove his guilt. He hoped they would not let it be said that fanaticism, however sincere, alleged to have justified or commanded men fco, commit unorder, can be

taken as any sort of palliation of its guilt in a British court of justice. It might be that before tribunals which were not fallible such cases might be treated differ* ently, but they who had their duties to perform in a restricted sphere, must take no note of such a suggestion, as that this was part of a patriotic scheme. If there was any truth and relevancy in , this view even, it was not here that it should be dealt with. He made these observations partly in allusion to the general observations that people naturally made outside in these circumstances, and partly in allusion to the prisoner's statement. If he took up any line of defence distinct from that suggested by his counsel it was that he denied the truth of the evidence that indicated him as a leading spirit in the propagation of Hauhauism. "Although I went about," he says virtually, " as an emissary of the Hauhau prophet, still when I came near, the scene of this particular murder I did my best to prevent the perpetration of it, and was forced in the end to agree to proceed-, ings which were foreign to my disposition." That was the defence suggested by his recital. If they were satisfied that the evidence for the prosecution was true, they would disbelieve it, and they should cons sider that he had been giving with great ingenuity and force a gloss to some facta that were true by inserting statements that were not, Had all the witnesses for the prosecution been like the last called on, whose manner shewed him to be of an excitable temperament, and who at one time had joined the Hauhau sect, he would ask, them to pause and consider very seriously before coming to any conclusion in th& matter. But they had a witness of a very different description-rr-be referred to the witness Morice Levy, who had saved one minister, and whose conduct throughout had been such as to leave us all in this colony his debtors. His testimony aloneseemed sufficient to bring the guilt home to the prisoner, The prisoner's own statement put the question of ideutity entirely beyond a doubt. His attempt to phew that several chiefs exculpated him could go for nothing if they believed the evidence for the prosecution. His Honor then proceeded to read over the evidence. After concluding it, and indicating the salient points, he pointed out. that though they could not take the pri-, soner's statement as evidence where it favored himself, his admissions where they went against him were very strong evidence indeed. If, however, the jury could see any reasonable doubt of bis guilt they should give him the benefit of it. If they saw none,, their plain duty wa3 to bring in a verdict of guilty.

The jury retired at 8.30, and came back at 8.40, having decided on a verdict of " Guilty."

The prisoner was informed of the and was asked whether he had anything, to say why sentence of death should not be passed on him. He said "I am noi«. gi-iity of the murder. If any of my chili dren, the Taranakis, perpetrated it, it waa. without my knowledge." His Honor said ;-- ■' Prisoner at the bar, you have been found guilty of murder, on evidence which leaves no possible doubt of your guilt. Ido not believe that anything I could now say would be of benefit to yoft or the community Ido hope that in the. short time you bave to live, your attention, may be called to the true God, but it isi no, part of my duty to allude to your future condition. The sentence of the Court ia that you be removed to the place from whence you came, and in due course of law be hanged by the neck till you are dead, and may Almighty God in his infinite mercy have mercy on your guilty soul.

His Honor thanked the jury for the manner in which their duties had been, performed. No other cases being brought the sitting of the Court was adjourned sine, die.