THE TRIAL OF MARORO.

Maori Messenger : Te Karere Maori, Volume 1, Issue 13, 21 June 1849, Page 3

THE TRIAL OF MARORO.

(Continued from our last.) Ko Mania, Private in the Police.—l know the prisoner; I had some talk with the prisoner on Friday, 23rd March, at nine o'clock in tlie morning ; I know it was nine by looking at a watch in a public house. It was on No. 4 beat, the rond going inland, near the soldiers' barracks at Te Aro. Wo were standing some timi' together without s,iving a word j (tie prisoner said first, " Some while men have been killed." I asked him how many ; he told me there were four — three children and an old man. I then asked him where they were killed, he said on the road going ti> Porirua. I then asked him where he was going; he said I am going to Torr's house ; lie said he was going to pay Torr for some things he had some time before ; he said one pound one shilling and sixpence. That was all that then passed. The prisoner had on a red shirt, while jacket, and : b/ankct; he had a cap on ; it was a cap like the one produced. Cross-examined.—l saw the time at the last public-house on the left going to Te Aro ; it is « house partly brick, partly wood ; it is the house opposite tho bank (Jenkins's, now Allen's) ; 1 did not ask, I looked in and saw the clock ; I loo'<ed in almost immediately after I met the prisoner ; il was a little past lie hour

[A watch was shown liimi which stood at quarter to 3. Htr was asked lo tell the hour; In? said his idea was that the hour was three, but he (vuld not fell the minutes.] I have been in the |iolic* at Auckland, and here since \ pril. When I lu-ard uf the murder I did nothing I merely thought over in my mind who it could be, whether white man or Maori. I heard of the murder again at one o'clock from Mohi, who works at Lyall the baker'B. I went on at eight, and went off atone - five hours ; another man relieved him at one. I then went to the police barracks. I did not tell any one what prisoner had told me. I went away from the barracks at two. I did not hear of anything at the barracks. I did not tell, I forgot it. It is my duty. At two o'clock I went with the prisoner to the hospital.. I saw the prisoner at one o'clock, standing near the barracks. I saw him stopping outside the whole of the time. I onlyyvent for a walk—we were together till four o'clock. I received no instructions about the murder in the day, it was in the evening after four, not before. I received instructions with another native lo go and look about this matter; in consequence of such instructions I went up the road from the beach to Te Aro (Willis-street). I did not then mention, anything about the prisoner. I have known ihe prisoner ever since I came from Auckland, I havu nevor stated to any one that I had a suspjeion, I had no suspicion of the prisoner till I was told his dress—that he had a soldier's cap. This was in the evoning—dark—when the Governor and Mr. Kemp came there. I told no one after the suspicion arose in my mind. I merely casually looked in to see what time it was. I had no particular reason. The prisoner was then with me when I looked. _ William Martin, Private in the Police Force.—l was at Branks' house on the 23rd March, at about eleven o'clock. Upon receiving information, I went to Branks' house in company with Serjeant Hopwood, to the house of the late Branks. I saw there Mr. Branks with his head cut open. 1 saw an axe there clo»e to the body. On the Monday following I found a pair of drawers j I put a private mark upon them, and handed tbem to Serjeant Hopwood. There is a maik Henry St. llill just übove my own maik. Cross-examined—l found the drawers on Monday in a box ; the box was not locked. I had been at the house before. I did not jeep possession. More may have been in he house. No policeman was left in possession. Mary Ann Seei\. —I live in Porirua Road. I live with my uncle, It. Seed. I remember Wednesday before this murder. A Maori spoke to me. I was in the house. He asked me where my uncle was. He said my undo had promised him a pair of boot 9. I told him my uncle was down on the road. He asked me where my aunt was, and her apprentice. He also asked me where Mr. Franks lived, and I told him *' down the road." He had on a pair of trowscrs and a blanket; he had also on an old cap. I think it was a soldier's cap; it had no number. The ■ .prisoner is the native. I am eleven years,old. 1 know that the prisoner's life is put in danger by what 1 say. I ain quite sure that 1 knotv him. Cross-examined.—lt was on Wednesday night tho prisoner asked for Branks. It was between six and seven. It was getting dusk. The murder was on Thursdiy. I did not know the man before A g'»od in my Mjories go upandilo 'ii th.- road. Tncy utten call at my uncle's house. Sometimes Maories are inucli alike. I saw him at the police office, I reuiembcied him then as well ns now.

I When I first saw him there I had some little I doubt. The police magistrate had a blanket put oil him, end then I knew him. I do not know him, but I know he is the man. Because I saw him at tlio police ofiice, I now think I know him better. When he left he went towa'ds 'he Half-Way Mouse; it leads towards Branks', where he was murdered. I saw the prisoner go towards Wall's, that is in the direction of BranU*. I lost sight of him where Mr. Wall used to live. I have never said I did not kqoiv which direction he

took. William Holmes, Serjeant of Police. I saw Duncan take a blanket and a pair of drawers from prisoner. I took them in charge. I look them into my rcom, and took them in charge till next morning. I then gave them to Serjeant Hopwood. William Tako, or E. Taco, Ngnngranga.— I know the prisoner. I saw him on the morning of Friday, 23rd March. He was washing his clothes beside a new chapel just built at Humutoto. It was drawers he was washing. I was coming down the hill. Wh«n I got opposite to the chapel, I saw the prisoner washing a pair of drawers, with the blanket on bis back. I saw him washing his drawers in the water. His back was turned, and I had the curiosity to stop, because I thought he was a blafak nun —an African. When he wrung them out, I noticed the water was not the colour of other water, but was stained with blood. It was like the washing of an handkerchief in which a noso had been bleeding. After he wrung lliem, the prisoner placed them by bis side, and I perceived they were not washed clean ; there was still something like blood. ' Cross-examined—This was past ten. It was not much past ten. The stream runs down by the road. On the other side is the Police Station. He was washing in the water* Tlio prisoner flaw me before the wringing out the trowsers. The water was very red. It was ns red as a person who had been killing a pig, and was washing his hands after having got his hands covered with blood. The stream descended from the brewery. In rain it is muddy, I never saw it discoloured from the brewery, but only Iroin a rainy day. I have seen washing in a tub. I never said anything to any one until the day we went to the Police Court. When I saw the man taken to the Police Court it struck me he was the man whom I had seen washing at the stream. Richard Barry, gaoler.—l remember the plisoner being in custody. Ilis custody ended 21st March, Wednesday, about eight o'clock in the morning. When he left he had on an old blanket, a red shirt, an old soldier's cap without a number, and a white waistcoat very much worn. Arthur Edward McDonogh, Sub-Inspector of Police.—l produce a w.nch. I got it from Catherine Tracey, Mr. Paul's servant. It hns been in my possession ever since. Catherine Tracey, servant to Mr. Paul, 65th Regiment, Wellington Terrace : —lie lived before on Te Aro Flat, above the English Church. I remember a native offering me a watch. It was on Friday, 23rd March. One Barbin was present j 1 called him up. I bouuht it for 255. The watch is the one I bought. I have the number j it is 2332. I look a receipt for the money. I produce the receipt* I gave up the watch to Mr. MacDonogli. I Cross-examined :' I had never seen th* prisoner before. 1 am quite sure he is the man. I have no reason, but I kr.ow him. 1 have seen the hard labour gang* I do not recollect seeing them move past, and the prisoner among them. It was about nine when I bought the watch. I cannot exactly say before or after nine ; may have been about ten minutes making the bargain. The man had on a pair of " tights," tiowsers, or drawe's. I can't say which, a blanket, and a cap. I did not take any notice of his trowsers, only I thought they were tight. I cannot say whether they were wet or dry. I did not see any blood on them. Thomas Barben, clerk.—l was at Te Aro on Friday, 23rd March, about 10. I am not certain as to the time by half an hour or so. I saw Catherine Tiacey. She was talking to prisoner about the watch. A receipt was written; the receipt is in my hand. The prisoner is the man who sold the watch. Cross-examined. —It may liitve been half an hour over or under ten. I was absent about five minutes. Miss Paul found the paper. I have always said that is the native ; atjirst I had dr>ubt9; I am now quite clear. He had tight drawers —elastic ; they appeared clean, but not wet. 1 did not observe any blood. William Neale, watchmaker, Lambton Quay. —1 knew Branks—John Branks. I know his watch. I have repaired it twice ; first in 18+7. and again in June last. The watch produced is his watch ; the number is 233*2. It is the number entered in my books. lhe entry in my book is " June 2nd, William Cathcarts, London, 2332, Branks, 4s. The watch was to a young man named

Hill, bv Branks's order. I saw it in Branks's '. . n.'ion after thai. The order was by iof mouth. Branks called upon me • ,y>ithin the last three months to alter ihe rej j^ulator. i •• John Hill, shoemaker, Karori.—l knew -r.john Branks j lie lived at Porirua-road. He asked me to call for a watch ; it was about ..last July. That is the watch, I believe. It , hud a guard chain. After I got it from Neale, • 1 gave it to John Branks. I saw it on 27th January last. James Vaughan.—l am shopman to Mr, Waters (George,) near Mr. Blyths, Dicksonstreet I believe is the name. I remember a watch being offered me for sale on Friday, 23rd March, at about half-past eight, or may betlalf-past nine. - It was soon after breakM fast- >TIi«S watch is the one, I can swear to it. The Maori is the man't I remember him well. He had on a small boys' cap, stuck on one side. He had white blanket?. He asked me for some tobacco, and when 1 served him, he leant over the counter and whispered, Do you want a watch ? I said, what sort of watch, and he drew his blanket on one side and produced it. I asked what he asked, and he said £+ 10s. 1 laughed, and he said £2; at last he came down to 255. I saw he knew nothing about a walcb, for he could not put it within the case. I asked him whose it was, and he said it lieloniied to a Pakeha. I have lived seven years in Wellington. I have been a shopman mo<i of the lime, and I never knew one offer a watch before for sale. Cross-examined. —I am positive that is the native now. I had said I should not like to swear to him. I have seen more of the native since, and have considered his features more than I did at the time. I do not mean since I came into Ihis Court. I said I should not like to swear, but I was then positive in my own mind. After my examination, I was in the Police Court a long time, and I took particular care to examine his features. lam positive of him* I see many uaiives. I never saw this man in the shop. I have seen the gaol gang. I saw there was a native, and that was all.

George Richardson, Private in the Armed Police.—X saw John Branks on the 20lh March ; it was twenty minntesto eight. It was at the lower end of the hill. The hill near BiankS's houie, at the end ofJohnsonville. I asked him the time, he told me 20 minutes to eight. I did not notice the wptcli. It was the same John Branks that has been killed. Harriett Seed, wife of R, Seed.—»l knew the deceased John Branks. I remember his wife being in the hospital. I applied to Mrs. St, Hill for some linen for Mrs. Branks. I recollect two pair of drawers were given me by Mrs. St. Hill, a shift, and some _ other articles. One pair was marked in with H. St. Hill. I do not know whether the others were marked. They were of the description now produced. I recollect the marks, I identify it as the pair of drawers given to me for Mrs, St, Hill by Mrs. Branks. [The pair taken from the prisoner.] Cross-examined.—l saw the deceased in December last. Thomas Paton, private 65th Regiment.—-1 have seen the prisoner before. I saw him last on 21st of last month. I saw him within a few perches of the Church, on the Poriruaroad, at about five o'clock. I was shewn John Branks's house. It was about 500 yards from where the prisoner was. I asked him when he got out of gaol, but I could not understand his answer, except that he said he was going to Porirua. He had on an old soldiers' cap and a blanket* I had seen him working in the gaol gang. Thomas Duncan, private in the Armed Po]jce, I took the prisoner into custody on the 23rd March, in Piedsils Gulley. Mr. MacDonogh was with me J Mr. Kemp, George Croker, and Ko Mania. It was between 10 and 11 at night. We took him to the Police Barracks. Nothing was found on him. Ho had on a torn red shirt, a pair of elastic drawers, a blanket, and a cloth cap. I observed several small stains of blood on his blanket and on his drawers. I believe those are the drawers. I recognise the spots of blood, and also on the blanket. Cross-examined. —[Witness is asked to point out spots of blood.] [He, pointed out certain marks, supposed to he spots of blood,] I believe the marks to be blood (drawers). I cannot say ho\<fi loag they have been there. Joseph Torr, storekeeper, Lambton Quay. (It is next to Taines.)—l have known prisoner 18 or 19 months. He called at my house on 23rd March. He paid me a small debt that had been owing some time. It was £1 Is. 6d. He said he got the money from his sister. Cross-examined.—He came to me about 11 o'clock ; it might be later. Thomas John Drake, farmer, Porirua-road. —I knew the deceased John Branks. I saw him alive on Thursday night, about dusk, at 6 or 6. He worked for me. He bail a watch ; he told me the time the Tuesday before. It

I was a common ailver watch, . It had a guard. 1 He took the time from his watch on Tuesday morning* Cross-examined,—lt was I who gave the alarm. I was staadiog on the road when Nott broke the door open. I have never been in the place since. It has been pulled down and burned to hide the spot. It was down two or three days afler the murder. It was John Branks's own house. I did not go in myself: Nott and Bell first went in. I took part in requesting the house to be pulled down. John Milav, Private Gsth Regt —I was in the gaol in November and December after the shocks, when the prisoners were moved for safety. I saw the prisoner there. I had some talk with liim ; it began with joking. I asked him how he liked being put in prison for theft. He said the Pakeha was no good for putting him in gaol. He said he would make a " pukeru" of the Pakcha as soon as he got out. He used some name like Pauks or Branks, but I cannot aay exactly what. Cross-examined. —I got my summons one or two nights ago. T. J. Drake recalled.—The morning before the murder I had some conversation with John Branks relative to persons being in his house. He told me a Maori or Maories had been in his house very late that night. I just looked into the house between nine and ten. I had no watch. I think it was not before nine. It must, I think, have been after nine. Ido not know what time I got to town. I called the settlers together first, and then started. I came on foot. Mr. Wakefield addressed the Jury for the Crown. Mr. Ross addressed the Jury for the prisoner. The evidence was recapitulated to the Jury. The Jury retired under the charge of two bailiffs, at about twenty minutes to four, and about half-past four returned into Court. Verdict—Guilty. Verdict announced to the prisoner by the Interpreter. Prisoner declared his name to be Maroro, but did not know his Bge. Registrar put the usual questions, whether he had anything to say why judgment of death should not be passed upon him. He said " Nothing, but that the witnesses had sworn falsely." The prisoner was then sentenced in the usual form.