THE TRIAL OF MARORO,

Maori Messenger : Te Karere Maori, Volume 1, Issue 12, 7 June 1849, Page 4

THE TRIAL OF MARORO,

Friday, April 13, 1849. Special commission read. Grand Jury called:—Foreman, Alexander M'Donald; W. M. Bannatyne. F. D. Bell, 11. Betbune, P. M. Hervey, W. Hickson, Geo. Hunter, John Johnstone, J. Wallace, J. Kelham, A. Ltidlam, W. Lyon, G. Moore, V. B. Rhodes, Robert Stokes, R. Waitt. Grand Jury charged. Witnesses sworn to go before the Giand Jwy. TTrue bills were brotfglit in all the cases. After which—" The Grand Jury wish to

express their sense of the great diligence •with which Mr. M'Donough acted, in securing the apprehension of the prisoner, and otherwise in investigating the case." The indictment charging the prisoner with the murder of John Branks was read and interpreted by Mr, Dcighton, who was sworn as interpreter. Ple%ofc,Not Guilty. The Attorney-General appeared for the Crown,

Mr. Ross foi the prisoner. Petit Jurors called and ballotted:—G, Allen, foreman; Thomas Avery, James Ames, J. F. Ballard, XV. Bannister, J.Anderson, J. Baicd, Charles Bnggarley, John Banks, Chas. Young, Alexander Yule, George Averey. William Nott, farmer, Porirua-road.— I knew Branks, the deceased, he lived about a quarter of a mile from my house. I last saw him on the Tuesday before his death ; I saw his body on Friday, in his own house; it was on the left-hand side of the fire-place ; it was in a sitting posture, doubled up to. gether; it was supported by the wall and a chest. I observed wounds upon it. I saw a large cut on the head and across the face. They were large culs; they appeared as if done by 6H axe. This was at about half-past nine in the morning. I went in consequence of what Mr. Drake taid to me. The lock could be fastei£d either way. I bioke the door by jumping with all my might. 1 am quite sure it was fastened, I saw iu the room, lying near the feet of Branks, a large American axe with part of the handle off. [Axe produced.] That is the axe.

Cross-examined by Mr. Ross.—l live about two chains from Mr. Drake's. I go to work about nine; a man told me it was about halfpast nine by bis watch, and he said it was twenty minu'es too is how I judge. From Drake's to Branks's is about a quarter of a mile, it may be a little more. Mr. Drake came down the road, calling us as he went. He coo-ied. Bell came with us to the house. About a minute after I "as in. Bell followed. Drake stood on the New Road, 1 called to him that the people had been dreadfully murdered. There was a great excitement. Many

pwsons pass over this road to ami from Porirua. The house is not now standing, it was pulled down three days after, to a week. It was built of wattled clay. The wattles, &c., were burned. The ground has been dug up and levelled. Henry Hopwood.—l am Se'jeant of Police. I was ordered to the Porirua road, on Friday, 23rd March, at about 11 o'clock. I went to Branks'e house, I got there about half-past eleven. We started between ten and eleven, we ran all the way there. The first thing I observed was the three children lying dead. Branks was lying dead between a box and the comer of the fire-place. I examined John Branks. He wis wounded on the head, face, and neck, i counted seven wounds. Some were deep—three were very deep. The one across the head went into the btain. [The -witness, by direction of the Court, described the wounds, by putting bis finger on the parts of the head.] 1 saw the axe produced lying between his legs; the handle lay against the fire-place. The oxe was covered with fresh blood—wet. The bed was smothered with freali blood —wet. The clothes about were

covered with blood. Branks was not undressed. There was a great deal of blood where Branks lay. The clothes of deceased were cut. The watch-pocket wjs cut, as with a sharp instrument. There was no watch on the premises, nor did I find any money. I produce a pair of drawers. They were given to me by Serjeant Holmes. They have been in my possession ever since. I produce a blanket, I received it also from the Serjeant. I produce a cap also ; I took it oIT the prisoner's head at the Police Court. Cross-examined by Mr. Ross,—Wo went by the old ro»d ; it is about four miles and a half to five miles (in Court). I go on duty now and then. W hen Igo on duty and off duly I keep the key of the box in which 1 placed the clothes of the prisoner. I was in bed when the prisoner was brought in. The watch pocket was cut along ; I did not say cut off. Branks's clothes were buried with him. The bodies were removed about two hours after. There were soveral persons assisting in getting the house to rights. Ido not know that they acted from curiosity. There were four in the house besides myself. The house was perhaps 12x20, or 12x24; it was in one room. I think it was as large as that. I thought it was by a pair of scissors that the fob was cut, because I saw a pair lying there. The house might be less in dimensions, I am sure it was not more. George Dalrymple Montieth, surgeon, Wellington.—l examined the body of John Branks on Friday, March th, between one and two o'clock. The body was in the school-room, near the Church. I had before seen it taken there out of a cart. I made a memorandum at the time. I marked the wounds on the.skull I possess. [The skull was produced.] One commenced at the lower part of the orbit of the eye, went across the nose, and sank deep down f.he jaw into the mouth. I consider that wound mortal. I have seen similar in col-

lieries and iron works, and theyinvariably lead to death soon after. The second commenced above the right ear to the right side of the forehead, three inches in length, dividing the hone and wounding the brain. The third commenced at the second wound, and extended three inches in length, to the crown of the head, penetrating to the brain. After the two last wounds life would be impossible. By the Court. —The fourth, from the right ear to the crown three and a half inches, passing into the brain. The fifth was superficial. There was a sixth wound at the back of the head; it was partly superficial, but it had taken off a larger of bone, and I have no doubt would have caused depression, and ultimately death, but I cannot say positively. The seventh was small, it was superficial, on the neck. The eighth was on the neck, it was three inches long and two deep; the whole of the ! vessels were divided. The axe produced would produce the wounds. (To be continued.)