SUPREME COURT.

Hawke's Bay Times, Volume 19, Issue 1502, 10 December 1872, Page 2

SUPREME COURT.

MONDAY, 7*a DECEMBER, 1573. [Before His Honor Mr Justice Johusfon.] MURDER. Maaka Ritau, was placed in I lie flock, charged with the munler of Paku Paraone, on the 13lh July, ISGB. The prisoner was defended by Mr Laseelic*; Air H. M. IJamlhi was sworn in as interpreter for the Crown, and Mr J. Carroll as interpreter for the prisoner. The following, pm-was impanelled :—L Whi'e, W. Heslop, IT. Steevons, M Havden, I. Trask, T. W. Nicks, T. Edwards, U. Cros*e, Simon Webber, D U. Simon, If. Fletcher, M. Hayden —The prisoner made full use of" his privilege, challenging no fewer than six of the jurymen who wcie ca lied. F. W, Skip.woulj deposed 'hat in July, 1868, Paku Para one, a half caste, about 25 years of age, was sen* - by witness from Poverty Bay to Wairoa wii-h despatches from Co!. Whittnore. Paku was accompanied by Captain Wilson Witness never saw him again alive. lloliopa Waikori, a Tnranga native, depo-ed that he came over from the Chatham Inlands with prisoner and otlieiN in 1868, To Kooti being the principal man of the patty. One of the places where they camped was Pukewhinau. Paku Paraoiic, a Government mailman, passing through with despatches, »«< lakeu prisoner. Witness saw prisoner shoot him. Prisoner stood very near Paku, behind him, holding the muzzle of the sun close to his body. Paku fell, and his body lay theie next day. Maatu te Howai, a wife of Te Kooti, sworn, deposed : Remembered being at Pukewhinau in 1888, with the other natives from the Chatham Islands, ami saw Paku there, a prisoner to Te Kooti Te Ivooii asked him where he was going; he replied, to Wairoa. Te Kooti asked what the Poverty Bay people were doing. JJo replied that they were living in fear— some had gone to Waiapu, and others to Nuliutaunia. On the way from the Chatham Islands witness heard Te Kooti appoint Maaka to kill people. lie said, *• sh«v those people I command" you to, no matter whether they are broiheis, or si-tets, or fa the)-." After To Kooti had heard all Paku had to b ny f he otdered Maaka to lepd bini to

the burial ground and kill him. Paku said, " Would you not like to spare mo as a slave 1 " Te Kooti only urged Maaka again to go and kill him. Witness went into a gully that she should not see him fall; hut heard the report of the gun; and saw Paku's body next day. He was robbed of his horse, gun, and ammunition.—By prisoner's counsel : Matenga went with Maaka and Paku. He had also been appointed execu tioner. Kali tc Hani, a native woman, deposed that she saw iho prisoner shoot Paku Paraonc at Pukewhiuau. Maaka was close behind Paku when he shot him. Next day witness saw his body lying in the same place. Witness had heard Te Kooti appoint Maaka his executioner. Maaka was quite wiiling.— By prisoner's counsel.—Te Kooti threatened alibis people that if" they disobeyed him he would kill them by the .sword. Matenga was with Maaka when he shot Takn ; but I did not see whether he had a gun. I heard a num ber of guus fired after Paku fell. Paku and Matenga were both related to us. Hohepa is distantly related to us also. The prisoner is no relation. Daniel JMunn deposed, that about the 4ih of August, 1868, wLilo scouting, he came across a body at Puke•vhinau corresponding with that of the deceased Paku. Mr Wilson here wished to put in the prisoner's statement in the Resident Magistrate's Court, to which Mr Laseel hs objected on technical grounds. Afle.i some discussion, Mr Wil.vui withdrew the document. Mr Wilson declining to abbess the jury, Mr La e cel!os made an able speech in defence of the prisoner. He cast doubt on the evidence of"the witnesses, suggesting that they were screening Matenga, the real culprit, on the gtouud of relationship. He laid great stress on the fear in which To Kooii whs held iu consequence of supposed superhuman powers; contending that the prisoner was not altogether a free agent; and suggesting that even if the jury found the prisoner guilty of the crime with which he was charged, this would afford good ground foi a recommendation to mercy. His Honor then summed up, and read the fcvJJonce, after which the jury retired. The jury after a brief absence, returned a verdict of Guilty, coupled with a recommendation to mercy, on the ground that the act was commit ted under dread of Te Kooti. His Honor then put on the black cap. Addiessing the pisoner, he said that the jury had found him guilty of the murder of Paku the <>n!y conclusion to which they could have come. From the evidence it would seem that lie had not only committed the murder, but was a man of murderous hahits. The punishment for this crime was death, and it was now bis duty to pass that sentence upon him. The jury bad recommended him to mercy, on the ground that he was in fear of Te Kooli. Tiiis recommendation would bo laid boloie the Governor, who possessed the prerogative of commuting the sentence if he thought tit; but it was no part of his duty to bold out any hope that this would be done. —His Honor then passed sentence of death in the usual form and the prisoner was removed, This concluding the criminal business, the jury were discharged with the thanks of the Queen and the Colony, and the Coutt a.l'ounied.